Deathbed marriages between couples where one of the partners has a short life expectancy due to age or suffers from terminal illness are generally treated with suspicion until the other partner (generally the younger one) proves otherwise.
In this article, you will have an overview of the statutory regulations on deathbed marriage and probate in Florida.Ā
Is it Possible to Challenge a Deathbed Marriage in Court? – An Introduction
Both Florida statutory and case law demonstrates that the beneficiaries and heirs of a deceased person residing within state jurisdiction cannot challenge the decedent’s marriage in probate court.
However, if there is feasible evidence of fraud, undue influence, or that the deathbed marriage was procured by malicious intent, one of the parties interested in the decedent’s estate can challenge the spouse’s rights.
Florida Statutes Ā§732.805 (1) expressly state that “a surviving spouse who is found to have procured a marriage to the decedent by fraud, duress, or undue influence is not entitled to any of the following rights:Ā
- Any rights or benefits under the Florida Probate Code, including, but not limited to, entitlement to elective share or family allowance; preference in appointment as personal representative; inheritance by intestacy, homestead, or exempt property; or inheritance as a pretermitted spouseĀ
- Any rights or benefits under a bond, life insurance policy, or other contractual arrangement if the decedent is the principal obligee or the person upon whose life the policy is issued, unless the surviving spouse is provided for by name, whether or not designated as the spouse, in the bond, life insurance policy, or other contractual arrangement
- Any rights or benefits under a will, trust, or power of appointment, unless the surviving spouse is provided for by name, whether or not designated as the spouse, in the will, trust, or power of appointment.Ā
- Any immunity from the presumption of undue influence that a surviving spouse may have under state law”
Florida Statutes Ā§732.805 (8) specifies that “unless sooner barred by adjudication, estoppel, or a provision of the Florida Probate Code or Florida Probate Rules, an interested person is barred from bringing an action under this section unless the action is commenced within 4 years after the decedent’s date of death.”
Hence, the sooner the challenging party starts to work with a Florida probate attorney, the greater the chances of success in the litigation.Ā
Florida Deathbed Marriage and Probate – What is the Solution?
Any of the beneficiaries or heirs with an interest in the decedent’s estate has the right to challenge the rights of a surviving spouse if there is solid evidence that he or she has procured the marriage with malicious intent.
The individual filing the lawsuit (plaintiff) has the burden of proof to demonstrate the surviving spouse (defendant) has no legitimate right to inherit from the estate.
The best approach is to work with an expert probate litigation attorney to conduct the research process and insert the evidence in the litigation strategically. Please note that the defendant has the right to a counterclaim, which requires attention to detail.
For example, a surviving spouse defending against deathbed marriage claims may allege that the decedent consciously “ratified” the marriage even after learning about the existence of fraud, duress, or undue influence.
Waste no Time with Uncertainty – Immediately Contact Attorney Romy B. Jurado
Florida Probate Attorney Romy B. Jurado willingly wants to help protect your interests. Contact us by calling (305) 921-0976 or emailing [email protected] to find a solution for your case.Ā
