- 16 - the share from the date of the order directing the personal representative to pay, id. The elective share retains many fundamental attributes of statutory dower. See Hanley, Elective Share, in Basic Practice Under Florida Probate Code, sec. 7.1, at 275 (3d ed. 1987); Redfearn, Wills and Administration in Florida, sec. 19.3 (6th ed. 1986 & Supp. 1996). The Florida statutes governing the current elective share and statutory dower provide a virtually absolute right to the surviving spouse to elect to take the respective shares, Fla. Stat. Ann. sec. 732.201 (West 1995); Fla. Stat. Ann. sec. 731.34 (West 1964) (repealed 1974); Catlett v. Chesnut, 131 So. 120, 122 (Fla. 1930), both of which vest at death, In re Estate of Donner, 364 So. 2d 742, 751 (Fla. Dist. Ct. App. 1978) (dower vests at death); Fla. Stat. Ann. sec. 732.201 (West 1995) (“The surviving spouse of a person who dies domiciled in Florida shall have the right” to take her elective share). Like statutory dower, the elective share becomes a fixed claim against the estate as of the date of decedent’s death, Wax v. Wilson, 101 So. 2d 54, 57 (Fla. Ct. App. 1958) (citing Catlett v. Chesnut, supra), of the amount determined by the Probate Court, Fla. Stat. Ann. sec. 732.214 (West 1995). Under Florida law, payment of the elective share takes precedence over distributions to all other beneficiaries, including those receiving specific bequests, Fla. Stat. Ann. sec.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011