Can a Spouse be Cut Out of a Will?


Speaker 1: Generally not. There is a Florida statute which allows a spouse to take an elective share of the deceased person's assets. So they would have to a file a petition requesting the elective share and depending upon the nature of the assets, there are different ways to value each one.
There are exceptions to being able to do this. For one, if you signed a prenuptial or postnuptial agreement waiving your right to inherit, then you're not going to be able to petition for this elective share.