Divorce, Marital Settlements, and Probate: On December 18, 2016, Zsa Zsa Gabor Passed Away

On December 18,2016, Zsa Zsa Gabor passed away of heart failure. She was best known for her life in the spotlight, especially during the 1950’s, 60’s, and 70’s. Although she began her celebrity “career” as a performer, she seemed to maintain her celebrity status by simply being an American icon and socialite. Who will inherit from her presumably large estate? Did she have a solid estate plan in place? Planning her estate may not have been simple. It probably required assistance from an experience estate planning attorney. CNN reports that she was married nine times, divorced seven , and had one marriage annulled.  How could this affect her estate and who inherits? What do prenuptial agreements(prenups) and divorce a have to do with inheritance disputes? Did she have a spouse at the time of her death?

Marriage, Divorce, and Florida Estates

• In Florida, marriage can drastically affect estate planning and inheritances. Once you get married, certain assets become marital property. When you die without a prenup or marital settlement agreement, your heirs may not get the inheritance you intended.
• West Palm Beach probate lawyers understand that it can be difficult to ask your loved one for a prenup before getting married. Getting married is supposed to be a time filled with happiness, and a prenup is not usually associated with happiness. However, it is important to understand that a prenup can be used for more than divorce. It can have a huge part in protecting your assets and property. A prenup can help to ensure that Florida estate administration, after death of one of the spouses, goes smoothly for the heirs.
• What if a spouse randomly dies or dies without a will? Who inherits all of his or her assets ?Under Florida probate law, a surviving spouse gets a minimum of 30% of the value of the estate. The spousal share applies to assets that are acquired during, and even before, the marriage. In addition, inherited assets may be included. Also, surviving spouses have a right to homestead, which gives them at least a life estate in the property of their deceased spouse. However, a prenup can limit the rights of survivorship of the spouses.In fact, according to Florida Statute §732.702, a prenup can actually waive probate spousal rights.
• Furthermore, divorce can affect inheritances. Gabor was married at the time of her death. Media outlets, in previous years, have hinted that she does have an estate plan in place. With so many prior husbands, hopefully, it is a good one!  To read more about Zsa Zsa Gabor’s unfortunate death at the age of 99, click here.