1. Florida law now allows family members to contest deathbed marriages, which previously allowed the surviving spouse to inherit the decedent’s property.
2. Deathbed marriages were often used by individuals to take advantage of elderly single persons and claim their wealth.
3. Surviving spouses in deathbed marriages had rights to live in the family home for life and inherit a significant portion of the decedent’s estate, even without a will. – Under prior Florida law, a marriage could only be challenged after the death of the first spouse if it was void, not voidable.
– A void marriage could be challenged for reasons like incest, bigamy, same-sex marriage, lack of mental capacity, or a prior undissolved marriage.
– A voidable marriage could only be contested during the lifetime of both spouses.
– New Florida statute 732.805 allows an “interested party” to challenge a deathbed marriage for fraud, duress, or undue influence.
– If the challenge is successful, the surviving spouse loses the ability to inherit property rights from the decedent. – A successful challenge to a deathbed marriage in Florida results in the surviving spouse forfeiting rights and benefits under the Florida Probate Code, as well as rights and benefits under contracts, wills, trusts, and powers of appointment.
– The burden of proof for challenging a marriage is on the interested party, who must establish by a preponderance of the evidence that the marriage was procured by fraud, duress, or undue influence.
– The challenge must be brought within four years of the decedent’s death, and the surviving spouse can assert ratification of the marriage as a defense, with the burden of proof on them.
– Insurance companies and financial institutions are not liable under the new law unless they receive specific written notice of a claim before making a payment.
– The prevailing party in a challenge under the new law is entitled to attorney’s fees and costs of litigation, which may be paid from a party’s interest in the estate or through a money judgment.
– The new law is a departure from prior Florida law and became effective on October 1, 2010. – Florida law now allows family members to challenge deathbed marriages.
– Previously, property would go to the surviving spouse after a deathbed marriage, rather than the decedent’s family members.
– This change in the law gives descendants and other family members the opportunity to inherit property that would have otherwise gone to the surviving spouse.
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