A July 1, 2015 probate appellate opinion from Palm Beach’s appeals court, Florida’s 4th District Court of Appeal, is a must read for anyone involved in a Palm Beach probates & claims of former spouses.
Can a divorced spouse inherit under Florida Probate Code?
- Put another way, if you are involved in a Palm Beach or Florida estate or probate, and there is a question about a former spouse inheriting under a will, under a Florida revocable trust, or as a joint tenant (on a Florida bank account for example), you should read this new case.
- You should also read Florida Probate Code 732.507.
- As many of you know, over the recent past, Florida has amended its inheritance laws regarding spouses, or I should say, for ex-spouses or former spouses.
- Generally, a divorce judgment (a Florida dissolution of marriage order or judgment) “dis-inherits” the former spouse. (There are important exceptions which one should know about.)
What if an ex spouse’s name is not removed from a bank account or life insurance policy? Who inherits the money ?
- So….. If you get divorced, but you forgot to “take” your former spouse’s name off the TOD, joint account, Totten Trust, or POD bank account, or out of the will, does theformer spouse inherit?
- What if you are an heir, or a Florida revocable trust beneficiary, or alternate beneficiary, but the trust says “give” the trust to the “spouse”— but the spouse is now aformer spouse: who inherits?
- If you are a former spouse and your ex did not remove you from his or her Florida revocable trust, or as a life insurance beneficiary, who inherits ?
- Most Palm Beach estate planning attorneys, or Florida divorce attorneys, know to advise a divorcing client that they may wish to alter their estate plan to remove, or dis-inherit, the spouse being divorced.
- (This is often, but not always, one’s intent for their estate plan, ‘though there are exceptions).
- Often, this change to an estate plan can be done quickly, simply, and inexpensively by a codicil or trust amendment.
- There’s a little more work to “remove” a beneficiary from such things as bank accounts, retirement accounts and life insurance.
- And while newer Florida probate laws like Florida Statute 732.507 was supposed to provider greater certainty, and more legal clarity, we see that former spouses and Palm Beach, or Broward, estates, still disagree on “who gets what.”
- For more on the “worlds” of divorce and estates or probate “colliding” , here is a link to an article on this general subject: http://www.pankauskilawfirm.com/When-Worlds-Collide-The-Interlay-Between-FamilyLaw-and-Probate-Administration.pdf
Want to read this recent Palm Beach Appeal (Broward County probate estate) case opinion on death, divorce and whether a former spouse inherits? Here is a link from Palm Beach’s 4th District Court of Appeal to read a free copy of the probate appellate decision:http://www.4dca.org/opinions/July%202015/07-01-15/4D13-4532.op.pdf