Florida Probate Litigation: Do Ex-Spouses Have the Same Inheritance Rights as Surviving Spouses?

Uncategorized • Mar 25, 2019

Did you know that divorce can substantially affect your Florida inheritance rights? What should West Palm Beach probate lawyers know about divorce and inheritance rights in Florida? If I divorce my husband, will I still inherit if I am listed as a beneficiary in his Florida will? What happens if my husband divorces me but forgets to take me out of his Orlando will? What if I am a listed beneficiary in my ex-wife’s will that she executed during our marriage? If you are asking yourself about any of these questions, you may wish to read Florida Statute 732.507.

732.507 Effect of subsequent marriage, birth, adoption, or dissolution of marriage.—

(1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as set forth in ss. 732.301 and732.302, regardless of the prior will.

(2) 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.

If you have additional questions regarding your inheritance rights or a Florida probate, call (561)514-0900 ext.101 for a FREE consultation.