General, Wills

Claim to Assets After Florida Divorce

Claim to Assets after Florida Divorce
Claim to Assets after Florida Divorce

The West Palm Beach Estate Planning Attorneys at The Law Office of Ryan S. Shipp, PLLC are quite often asked what Claim to Assets after Florida Divorce do I have? Upon a marriage, a spouse inherits the other’s assets after death unless stated otherwise in an estate planning document.  Although we would like to think all marriages are happy, more than 50% end up in divorce.  If an ex-spouse is listed as a beneficiary, are they entitled to that asset?

 

Pursuant to Florida Statute 732.507(2), “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 of divorce judgment expressly provides otherwise.” In essence, this means that the ex-spouse does not inherit any assets unless expressly stated otherwise in a legal document.  The ex-spouse, in the eyes of the law, is now treated as if they have died as far as the estate planning documents are concerned and has NO Claim to Assets after Florida Divorce.

 

Although your ex-spouse will not inherit under Florida Statutes, it is still very important to update your estate planning documents during pivotal moments of your life including, marriage, divorce, birth of children, moving property and during a large inheritance.  You want to be sure that your assets are distributed per your wishes and not decided by another person or the State.

 

If you’re an individual seeking Estate Planning documents in Palm Beach County or you need assistance with a Last Will and Testament, call your Florida Estate Planning Attorneys today at The Law Office of Ryan S. Shipp, PLLC. Our experienced West Palm Beach Estate Planning Attorneys are here to assist with all of your Estate Planning needs. Call us today @ (561) 699-0399.

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