Florida/Georgia Personal Injury & Workers Compensation

...§ 61.075); the right to hold property as tenants by the entireties (Fla.Stat. § 689.11); the right to rehabilitative or permanent alimony in a proceeding for the dissolution of marriage (Fla.Stat. §§ 61.071, 61.08); the right to an elective share in the estate of a deceased spouse (Fla.Stat. § 732.102); the right to enter into a gestational surrogacy agreement (Fla.Stat....

...ely for purposes of this probate proceeding and remand for further proceedings. Reversed. GODERICH, J., concurs. NESBITT, J. (dissenting and concurring): I agree with the result but not the reasoning of the court. I cannot subscribe to the view that section 732.102 or section 733.710 may be harmonized with and construed pari materia with section 409.910, Fla....

...ecedent's estate. We affirm. After decedent died on December 27, 1981, his wife filed a petition for administration, alleging that she was unaware of any existing wills or codicils. The estate was administered pursuant to the intestate provisions of section 732.102, Florida Statutes (1981)....

...given in the will from being "disinherited" because he or she may choose to take an elective share, this is small consolation to the spouse who would otherwise take the entire estate as would be the case where the decedent had no lineal descendants. § 732.102(1)(a), Fla....

...bate court declaring Doris Daerr Gaspelin to be a pretermitted spouse pursuant to section 732.301, Florida Statutes (1985). Since Mr. Gaspelin's heirs do not include any lineal descendants, the final judgment awarded Mrs. Gaspelin the entire estate. § 732.102(1)(a), Fla....

...ection 406.50(4) provides that the requests shall be prioritized in accordance with section 732.103. Florida Statute section 732.103 of the Florida Probate Code provides that the part of the intestate estate not passing to the surviving spouse under section 732.102, or the entire intestate estate if there is no surviving spouse, descends first to the lineal descendants of the decedent, and if there is no lineal descendant, to the decedent's father and mother equally, or to the survivor of them....

not be a surviving spouse of Mr. Cohen under section 732.102" because they were not married). Thus, the

...that property. § 732.101, Fla. Stat. (1995). Under Florida's intestacy laws, a surviving spouse takes the first $20,000 plus one-half of the balance of *1169 the estate if there are lineal descendants of both the decedent and the surviving spouse. § 732.102(1)(b), Fla. Stat. (1995). Any surviving children take the remainder of the estate. §§ 732.102, 732.103(1), Fla....

...Urick's mother nor Mr. Litman prepared a will. Mr. Urick's mother died intestate in October 1990. Mr. Litman died intestate two months later at age ninety-one. Mr. Litman apparently received the majority of his wife's property through intestacy or joint ownership. See § 732.102, Fla....

...The order of the court entered upon such petition found and determined that Rowena B. Solomon, being the pretermitted spouse of Crawford Solomon, deceased, is entitled to receive one-half of the net intestate estate pursuant to the provisions of Section 732.301 and Section 732.102(1)(c), Florida Statutes (1977)....

...Solomon is entitled to one-half of the net, or one-half of the gross value of the estate. If the Legislature intended that a pretermitted spouse would take one-half of the gross value of the intestate estate, we perceive that it would have inserted the word "gross" in the appropriate place in Section 732.102(1)(c)....

385 So.2d 1064, 1069 (Fla. 2d DCA 1980). Section 732.102, Florida Statutes (1981) says: (1) The intestate

...le was ever lawfully married under Israeli law. The probate court concluded that Mali Ben Shushan and the late Ye-hezkel Cohen were in a recognized legal *1115 union in Israel at the time of Mr. Cohen’s passing; thus, according to the court, under section 732.102, Florida Statutes (2013), Ms....

...spouse of the Decedent, was engaged in a “legal union” with the Decedent within the meaning of section 741.212(3), Florida Statutes. Mali [Shushan] is therefore a surviving spouse and is entitled to take part of the intestate estate pursuant to section 732.102, Florida Statutes....

...t we will review de novo. See Aills v. Boemi, 29 So.3d 1105, 1108 (Fla. 2010) (“Because this is a question of law arising from undisputed facts, the standard of review is de novo.” (citing Kirton v. Fields, 997 So.2d 349, 352 (Fla. 2008))). III. Section 732.102 of the Florida Statutes provides an intestate share of a Florida estate to a “surviving spouse.” The statute’s term, “spouse,” holds a plain and ordinary meaning: a spouse is a person who has entered into a marital relationship with another....

...uthority. Because Ms. Shushan and the late Mr. Cohen’s legal union was not entered into through any recognized religious authority, they were not married under Israeli law. Ms. Shushan, therefore, could not be a surviving spouse of Mr. Cohen under section 732.102....

...tion 741.212(3) but that any constitutional infirmities within the statute were not relevant to this case. We would agree with the probate court's assessment, but our- holding today rests principally on applying the. plain meaning of "spouse" within section 732.102....

...the applicable substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). 1 The surviving spouse of a decedent is entitled to one-half of the intestate estate when the decedent is also survived by children that are not also children of the surviving spouse. § 732.102(3), Fla....

share of the intestate estate pursuant to section 732.102 or section 732.103, Florida Statutes, may by

...(3) has been deceased for more than 1 year; and (4) no administration of the decedent’s estate is pending in this state. (b) Affidavit. Any heir at law of the decedent entitled to a share of the intestate estate pursuant to section 732.102 or section 732.103, Florida Statutes, may by affidavit request distribution of assets of the decedent by affidavit....

...hat property. § 732.101, Fla. Stat. (1995). Under Florida’s intestacy laws, a surviving spouse takes the first $20,000 plus one-half of the balance of *1169 the estate if there are lineal descendants of both the decedent and the surviving spouse. § 732.102(l)(b), Fla. Stat. (1995). Any surviving children take the remainder of the estate. §§ 732.102, 732.103(1), Fla....

...After the testator’s death, however, and before decedent’s son died in 1984, our intestacy statute was amended to provide that a surviving spouse of a person who died intestate with lineal descendants who are not descendants of the surviving spouse would receive one-half of the intes *554 tate estate. § 732.102(l)(e), Fla. Stat. (1983). A similarly situated surviving spouse would receive the same one-half share in 2003, when the decedent’s surviving spouse died. § 732.102(3), Fla....

...1985); In re Estate of Knospe, 626 N.Y.S.2d 701, 702-03 (Surr. Ct. 1995). -5- divorced prior to his death. See Cohen v. Shushan, 212 So. 3d 1113, 1123 (Fla. 2d DCA 2017) (holding that Ms. Shushan "could not be a surviving spouse of Mr. Cohen under section 732.102" because they were not married)....

...See § 732.101, Fla. Stat. (2016) (providing that any part of an estate not disposed of by will passes to the decedent’s heirs as prescribed in the probate code and the decedent’s death is the event that vests the heirs’ right to the intestate property); § 732.102, Fla....