Florida Elective Share Please help soon!

[bfallona]

My father passed away in May 2001. He left a will in which he left" all property to be divided equally to my son and daughther herein named. I am the son. My stepmother ( his 3rd wife) is blackmailing us into giving her a lot of money. The estate consisted of his house ( in his name only & brought into the 3rd marriage paid for by him. The van( she started to buy it & couldn't pay so he paid her $10,000 in 1995 and the title is in his name only. Also the furnishing etc ( not worth much). In the will he specifically stated she get nothing for reasons know to her. Now her lawyer wants to claim elective share of $20,000 & the van. The house is worth about $65,000. I think this is fair, but ONLY if the law ( which is the old law in effect until Oct 2001) doesn't mean what I think it does. Any comments or help? Thanks Bob

Copy of the old Estate law below:

732.301 Pretermitted spouse.--When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless:

(1) Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;

(2) The spouse is provided for in the will; or

(3) The will discloses an intention not to make provision for the spouse.

 

[loku]

Pretermitted spouse

From the facts you give, it sounds like the law you quoted does not apply. As it states, it is applicable to a situation in which the will was written BEFORE the marriage. From what you say, it sounds like the will was written during the marriage. However, if I am wrong and the will was written BEFORE the marriage, then your stepmother is entitled to nothing because the will stated she gets nothing and the law you quoted states that in such a case she gets nothing.

If I am correct and the will was written DURING the marriage, I have to know the state involved to answer the question.