By Laurie E. Ohall, FL Board-certified Elder Law Attorney
After divorce, most people want to avoid going back to a lawyer. And many think their divorce automatically fixes all their estate planning issues. It doesn’t. If you don’t update your documents, you may leave behind confusion, legal fights and results you never wanted. Here are a few simple steps to help protect you and your family.
How Florida Law Treats Estate Planning After a Divorce
Florida law does provide some automatic protections, but not everything is covered. It is important to understand what the law does, and does not, do to avoid mistakes.
Under Florida law, once the divorce is final, your ex-spouse is treated as if they died before you when it comes to your last will and testament, revocable trust, durable power of attorney and health care surrogate designation. This means they are removed from roles such as personal representative, trustee or agent.
Beneficiary designations also need to be addressed. Although Florida’s automatic revocation applies to some assets, such as life insurance, investments and retirement accounts, if an account is controlled by federal law (such as retirement accounts governed by ERISA laws), your ex-spouse may continue to be the beneficiary. So, it is very important that you update all beneficiary designations regardless.
If you have recently gone through a divorce, make sure to check in with a local estate planning lawyer, even just for your own peace of mind. We are here to help review your old documents and help you create a plan that better aligns with this new stage of your life, including:
- Correct beneficiary designations Florida law may not fix.
- Create an updated will or trust to reflect your wishes.
- Prepare new health care directives or powers of attorney.
Your Post-divorce Reset
Divorce is a major turning point. Updating your estate plan ensures your wishes are honored and your loved ones are protected. If you have questions or you are ready to take the next step, please feel free to reach out to Laurie Ohall to schedule an appointment.
