Rosalyn Deutsch - Page 15

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          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              







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