Will and Trusts Law
Must I leave something to my spouse and children?
That’s a complex question. In the state of Florida, a parent has a legal duty to support their minor children. So technically yes, you must provide for the support of your minor children if you die. In terms of a surviving spouse, the law affords a surviving spouse what’s called an elective share. Elective share is the right of the surviving spouse to take a statutory defined amount instead of what is provided for her in the will.