How does Florida law view the rights of a pretermitted spouse in terms of a will?

In Florida, a pretermitted spouse is one who is married to the testator after the execution of a will and is not mentioned in that will. The law provides certain protections for pretermitted spouses to ensure they do not unintentionally receive nothing from their spouse’s estate. Under Florida law, when a testator executes a will and subsequently marries, the pretermitted spouse is entitled to a share of the estate that is equivalent to what they would receive under intestate succession laws, which apply when someone dies without a will. This provision ensures that a pretermitted spouse is not left out of inheritance simply because they were not contemplated during the creation of the will. Therefore, it reinforces the intent of the law to protect spouses and ensure they have a right to a portion of the estate, reflecting their expected share in the event of intestacy.