Florida Wills and Divorce

Did you know that, if you divorce your spouse, you may not be able to inherit from his or her Florida will? What happens if your husband leaves you everything in his Florida will, divorces you, but forgets to change his will? If I am the ex-spouse of the decedent, will I inherit from the decedent’s will if I am listed as a beneficiary? What should probate lawyers and trust attorneys know about Florida Statute 732.507? What is Florida Statute 732.507? If you are an ex-spouse of a person who died in Florida, you may want to read a recent Second DCA opinion, Gordon v. Fishman. 

Here, the court discusses Florida Statute 732.507(2) in great depth. This section of the statute provides that any provision of a will that is executed during a marriage is void upon divorce. This means that, if your wife executes a Palm Beach will while married to you that leaves you everything and then you get divorced, you probably won’t inherit anything. In other words, if you divorce your spouse, you will no longer be a beneficiary of  his or her will, unless the will expressly states that you would still inherit after divorce.

To read the entire opinion, click here. To interview a West Palm Beach inheritance lawyer, free of charge, call (561)514-0900 ext.101.