Intestacy Laws. A Florida statute provides that the right of election of a surviving spouse can be
Question:
Intestacy Laws. A Florida statute provides that the right of election of a surviving spouse can be waived by written agreement: “A waiver of ‘all rights,’ or equivalent language, in the property or estate of a present or prospective spouse . . . is a waiver of all rights to elective share.” The day before Mary Ann Taylor married Louis Taylor in Florida, they entered into a prenuptial agreement. The agreement stated that all property belonging to each spouse would
“forever remain his or her personal estate,” “said property shall remain forever free of claim by the other,” and the parties would retain “full rights and authority” over their property as they would have as “if not married.” After Louis’s death, his only child, Joshua Taylor, filed a petition in a Florida state court for a determination of the beneficiaries of Louis’s estate. How much of the estate can Mary Ann elect to receive? Explain. [Taylor v. Taylor, 1 So.3d 348 (Fla.App.
1 Dist. 2009)] (See pages 963–965.)
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