Estate Planning

Florida Elective Share Held Constitutional

By David M. Goldman

Magee v. Magee, 32 Fla. L. Weekly 02307 (Fla. 2d DCA September 26, 2007)

In a challenge to the constitutionality of Florida?s elective share statutes, the Second District Court of Appeal upheld a lower court ruling that the statute is constitutional. The Court applied a test of whether there is "any reasonable relationship between the act and the furtherance of a valid governmental objective," and rejected the challenger?s argument that the "far more rigorous analysis" of whether the statute is "reasonably necessary to protect the public." The Court found that the state has a strong public policy concerning protection of the surviving spouse about
marriage in existence at the time of the decedent?s death and that, therefore, the provisions of the elected chair statutes serve a legitimate legislative purpose. On February 20, 2008, the Florida Supreme Court refused to accept jurisdiction for an appeal of this decision.

Full post as published by Florida Estate Planning Lawyer Blog on March 24, 2008 (boomark / email).