- 15 -
to render the widow's dower interest in personal property liable
for secured debts, liens, mortgages, and other encumbrances.
1939 Fla. Laws ch. 18999, sec 1.
In 1975, the Florida legislature enacted the Florida Probate
Code, which abolished statutory dower and replaced it with the
Florida elective share, Fla. Stat. Ann. sec. 732.201 (West 1995),
in its present form: 30 percent, Fla. Stat. Ann. sec. 732.207
(West 1995), of “all property of the decedent wherever located
that is subject to administration except real property not
located in Florida”, Fla. Stat. Ann. sec. 732.206 (West 1995),
valued “on the date of death”, Fla. Stat. Ann. sec. 732.207 (West
1995).
The new elective share differed from statutory dower in 2
major respects. Unlike dower, as to which only personal property
was liable for secured debts, the elective share is calculated
net of all liens, mortgages, and unsecured claims, Fla. Stat.
Ann. sec. 732.207 (West 1995), including funeral expenses, Fla.
Stat. Ann. sec. 731.201(4) (West 1995); Paredes v. McLucas, 561
So. 2d 439, 441 (Fla. Dist. Ct. App. 1990). Second, the elective
share does not accrue mesne profits; it does not participate in
post mortem economic gains and losses and estate income, Price v.
Florida Natl. Bank, 419 So. 2d 389, 390-391 (Fla. Dist. Ct. App.
1982), although the electing spouse is entitled to interest on
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: May 25, 2011