Post-Divorce Estate Planning
Post-Divorce Estate Planning Attorneys in Lakewood Ranch
Following a divorce, the original intentions in your estate planning documents need to be updated to reflect your current wishes and ensure you and your loved ones are protected. Whether you just went through a divorce or are remarrying, it is in your best interest to speak with a Florida post-divorce estate planning lawyer from Luhrsen Goldberg to learn more about estate planning challenges and the steps you should take.
Why You Should Choose Luhrsen Goldberg for a Florida Post-Divorce Estate Planning Lawyer
Founded in 2016 by Julie S. Luhrsen, Esq. and Christina A. Goldberg, Esq., Luhrsen Goldberg is a woman-owned and led boutique law practice. We are committed to fighting hard for our clients and putting our life experiences, perspectives, and skills to work for you.
Individuals who went through a divorce or are remarrying and in need of a post-divorce estate planning lawyer in Florida come to Luhrsen Goldberg because they know we have extensive experience in numerous areas of family law. When you seek a post-divorce estate planning attorney in Florida, our team of committed professionals welcomes the opportunity to provide you with Law Powered by Women® legal assistance.
The Effect of Divorce on Estate Planning in Florida
Divorce can have a significant impact on estate planning in Florida. Under Florida law, any provisions of a will executed by a married person that affects their spouse become invalid once divorce, dissolution, or annulment of the marriage occurs. If a person dies while their divorce is pending and does not have a will, their surviving spouse will inherit the estate based on Florida law.
It is essential for those filing for divorce to consult an experienced estate planning and divorce lawyer to ensure that their estate plan reflects their new circumstances. An experienced attorney can help answer complex questions concerning what can be done strategically during the divorce proceedings to protect assets and ensure that the person’s wishes are carried out. Additionally, updating any existing wills or trusts after the divorce is finalized is essential.
Post-Divorce Estate Planning Challenges
There are numerous estate planning challenges to be aware of following a divorce in Florida. After filing a petition for dissolution of marriage, Florida law does not prevent spouses from modifying their wills or trusts to remove the soon-to-be ex-spouse. Additionally, any clauses in the will signed by a married person that affects the spouse are invalid once divorced, according to Florida law.
It is important for those facing divorce to consider property distribution issues upon death and update their estate plans after the divorce is finalized. Beneficiary, pay on death, and transfer on death accounts should also be updated after a divorce in Florida.
Additionally, it is crucial to note that Florida’s homestead laws are of particular concern to many divorced individuals with children from prior marriages due to spouses being given high priority regarding homestead rights.
Updating Estate Plans After Divorce
After a divorce in Florida, it is important to update your estate plan to reflect the changes in your life. Several steps should be taken to ensure that your estate plan is up-to-date and reflects your wishes.
First, you should review all the documents that will likely need review and updating following a divorce. This includes any wills, trusts, powers of attorney, and healthcare directives. You should also consider re-designating or updating beneficiaries on any accounts or policies.
It is also important to consider any changes in tax laws or other legal issues that may affect your estate plan. Finally, you should consult an experienced estate planning attorney who can help you ensure that all of the necessary documents are updated correctly. Estate planning after divorce can be tricky, so work with a post-divorce estate planning attorney in Florida who can help.
The Effect of Remarrying on Estate Planning in Florida
Remarriage can significantly affect estate plans in Florida, as the state has laws protecting spouses and their rights to assets. Under Florida law, spouses are given high priority when it comes to inheritance. Additionally, Florida law states that a provision of a will signed by a married person that affects the spouse is void upon divorce.
When considering estate planning for second marriages in Florida, it is important to consider the impact of prenuptial and postnuptial agreements and the Elective Share and Homestead Act. It is also essential to consider children from prior relationships, as they may be entitled to certain assets or rights under Florida law. Furthermore, remarriage protection should be included in estate plans to ensure that assets are distributed according to the wishes of both parties.
Estate Planning Challenges When Getting Remarried in Florida
People who are getting remarried or are already in a second marriage in Florida can face several estate planning challenges. These include issues related to blended families, such as the rights and obligations pertaining to estate planning and homestead protection and asset ownership issues for unmarried couples.
Divorced people with wealth may also face unique estate planning challenges in Florida. Additionally, same-gender couples should be aware of the importance of estate planning in Florida and the consequences of failing to plan. If a person fails to update their will after remarriage, their spouse can still claim an inheritance under Florida law.
Updating Estate Plans After Getting Remarried in Florida
After remarriage, updating an estate plan in Florida is important to ensure the new spouse is protected. This includes recognizing changes in beneficiaries upon death and updating the plan to reflect any changes due to divorce.
Florida law states that a provision of a will signed by a married person that affects the spouse is void upon divorce. Therefore, if a person has not updated their will after remarriage, their spouse may be able to claim inheritance rights. It is also vital to consider other factors, such as changes in family members or changes in Florida law, when updating an estate plan. An experienced Florida post-divorce estate planning attorney can help guide individuals through updating their estate plans after remarriage in Florida.
Contact Luhrsen Goldberg for a Florida Post-Divorce Estate Planning Lawyer
People who went through a divorce or are looking to remarry come to Luhrsen Goldberg for a Florida post-divorce estate planning lawyer. These individuals turn to us because they realize that our team of passionate attorneys is dedicated to helping them understand and overcome their estate planning challenges. We welcome the opportunity to provide you with Law Powered by Women® legal assistance. Contact us today.