In some states, a surviving spouse may take an elective share from the estate of their spouse in lieu of what was left to them in the will. In Florida, a spouse may take a %30 share in what remains of the estate after deducting valid creditor claims against the estate as well as any liens against estate assets. Interest may be paid on the portion of the estate that has not been distributed but, according to the appeals court, is only paid on the portion of the estate that the spouse will retain which does not include portions that are to go pay such expenses as taxes. In addition, Probate courts are able to set the percentage of the elective share that will draw interest and will be reviewed only for abuse of discretion by higher courts. However, the appeals court, in another case, stated that a probate court cannot deduct attorneys fees from the elective share of the spouse; only deductions that are specified in the statute my be considered when establishing the value of the elective share.
See Anya Van Veen, Florida Surviving Spouse’s Elective Share Earns Interest, Not Charged Fees, Clark Skatoff, January 22, 2016.
