Florida's Expanded Elective Share Rights Limited to Persons Dying after October 1, 2001

Posted on April 21, 2005 by Juan Antunez

Estate of Heid v. Heid, 863 So.2d 1259 (Fla. 5th DCA Jan. 9, 2004) (TRIAL COURT AFFIRMED)

Edward J. Heid died on December 18, 1999. Mr. Heid's surviving wife, Blanche A. Heid, sought to enforce her elective share rights against a trust holding real and personal property that had benefitted her predeceased husband. Circuit Court Judge Charles M. Holcomb dismissed the complaint with prejudice for failure to state a cause of action. Noting that Section 732.2155(1) explicitly limits Florida's expanded elective share rights to decedents dying on or after October 1, 2001, the 5th DCA affirmed the trial court's dismissal with prejudice.

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