Florida Broker Practice Exam

What is one way a surviving spouse is protected in Florida?

1. They receive nothing if excluded from a will

2. They automatically inherit all property

3. They receive rights through an elective share

4. They must appeal to the court for inheritance

The correct answer is: They receive rights through an elective share

In Florida, a surviving spouse is protected through rights granted by the elective share. This means that even if a spouse is excluded from a will or if the will states other arrangements, the surviving spouse is entitled to a percentage of the deceased spouse's estate. Specifically, under Florida law, the elective share allows the surviving spouse to claim 30% of the elective estate, ensuring that they are not completely disinherited and have access to a portion of the assets. This provision is significant as it provides a safety net and financial protection to the surviving spouse, acknowledging their contributions to the marriage and the dependency that may exist. Therefore, the option regarding the elective share accurately reflects the legal rights designed to support surviving spouses. The other options do not provide the correct legal context: being excluded from a will does not mean the surviving spouse receives nothing if they can claim their elective share; inheritance isn't automatically granted as per the estate distributions; and appealing to the court is not a requirement for survival ship benefits, as the elective share can be claimed without a court order.