Can Your Ex Spouse Inherit From Your Florida Will If You Forget to Change It?

Did you write a Florida will while you were married? What if that marriage has ended and your forget to change your will before you pass away? Can your ex-wife or ex-husband still inherit from your will if you get a divorce? If you are involved in a Palm Beach probate matter where an ex-spouse inherits in the decedent’s will, you may want to read a recent Second DCA opinion, Gordon v. Fishman.

Here, the guardian of the decedent’s father petitioned for administration, treating the decedent’s estate as intestate. This means that the decedent did not have a will. However,  the ex- wife apparently had an original will of the decedent and filed it, claiming that she was a beneficiary. Florida Statute 732.507(2)  states the following: “Any provision of a will executed by a married person that affects the spouse of that person shall become void upon the divorce of that person or upon the dissolution or annulment of the marriage. After the dissolution, divorce, or annulment, the will shall be administered and construed as if the former spouse had died at the time of the dissolution, divorce, or annulment of the marriage, unless the will or the dissolution or divorce judgment expressly provides otherwise. ” Therefore, the trial court found that the decedent’s ex-spouse was not  entitled to inherit from the will that she filed.

She appealed and the trial court reversed and remanded? What made the appellate court disagree with the trial court? To read the entire opinion, click here. If you are in need of a Florida probate lawyer, call (561)514-0900 Ext. 101 for a free consultation.