IN RE THE ESTATE OF MAX SOLNIK, DECEASED
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The widow's elective share under Florida law does not extend to joint savings accounts with survivorship rights established by the decedent, as such property is not subject to administration.
A widow's elective share under Section 732.206, Florida Statutes, does not extend to joint savings accounts with survivorship rights because such property is not subject to administration.
[1] A widow's elective share under Florida law is computed only from property subject to administration and does not include joint accounts with survivorship rights establish…
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Join FLexlaw to unlock all legal intelligence“Since this property was plainly not 'subject to administration' as provided by Section 732.206, this ruling was entirely correct.”
The court explaining why the trial court's judgment was correct in excluding joint accounts from the elective share calculation.
The decedent established joint savings accounts with survivorship rights in the names of himself and his daughter pursuant to Section 665.063(1), Flor…
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SCHWARTZ, ALAN R., Associate Judge.
The trial court held, in entering judgment on the pleadings for the decedent’s daughter, that the appellant-widow’s elective share does not extend under Section 732.206, Florida Statutes (1979),1 to joint savings accounts with rights of surviv-orship he established in the names of himself and the daughter pursuant to Section 665.063(1), Florida Statutes (1979). Since this property was plainly not “subject to administration” as provided by Section 732.-206, this ruling was entirely correct. See Adams v. Board of Trustees of Internal Improvement Fund, 37 Fla. 266, 20 So. 266, 278 (1896); 31 Am.Jur.2d Executors & Administrators §§ 1, 193 (1967). The widow’s contention that her share should be computed on the basis of including such non-pro-batable assets is belied by the legislature’s specific rejection of Sections 2-201 and 2-202 of the Uniform Probate Code, which would have so provided, see Fenn and Koran, The 1974 Florida Probate Code, 27 U. of Fla.L.Rev. 1, 36-37, and is unacceptably contrary to the unambiguous statutory language it eventually chose instead.
AFFIRMED.
LETTS, C. J., and GLICKSTEIN, J., concur. . 732.206 Property entering into computation. —The elective share shall be computed by taking into account all property of the decedent wherever located that is subject to administration except real property not located in Florida,