An estate plan is not a one-time task. Life changes, and Florida law sometimes changes your plan for you, in ways you may not expect. Marriage, divorce, and the arrival of a child each trigger important questions for Miami families. Here is what to revisit so your documents still say what you mean.
After You Marry
A new spouse gains significant rights under Florida law even if your old will says nothing about them. Florida’s elective share statutes (section 732.2065 and following) entitle a surviving spouse to a percentage of the deceased spouse’s elective estate, currently 30 percent, regardless of what the will says. There are also protections for a surviving spouse in the family home through homestead rules (Article X, Section 4).
If your will was written before the marriage and does not provide for your new spouse, Florida’s pretermitted spouse rules may give them a share anyway. The cleaner path is to update your will, add or revise your durable power of attorney and health care surrogate to name your spouse, and review beneficiary designations on accounts.
After a Divorce
Florida law offers a partial safety net here. Under the probate code, a divorce generally voids provisions in your will that favor your former spouse, treating them as if they predeceased you. Florida law also revokes certain beneficiary designations in favor of an ex-spouse on assets like life insurance.
But do not rely on the automatic rules alone. They do not cover everything, they may not apply to out-of-state or certain federal accounts, and they leave gaps where you named your ex as personal representative or as your agent under a power of attorney. After a divorce in Miami-Dade, you should affirmatively rewrite your will, sign a new durable power of attorney and health care surrogate, and update every beneficiary form yourself.
After a New Child
A new baby or adoption is the most important reason to update a plan. Two things need attention:
- Guardianship. Your will is where you nominate who would raise your minor child if both parents are gone. Without this, a Miami-Dade court decides among relatives.
- How the child inherits. Minors cannot manage property directly. Leaving assets outright to a young child can force a court-supervised guardianship of the property. A trust, or a provision in your will, lets you name who manages the money and at what age the child receives it.
Florida’s pretermitted child rules may give an unmentioned child a share, but relying on the default leaves the details to chance. It is far better to name the child and plan intentionally.
Other Triggers Worth a Review
Beyond these three events, revisit your plan after a move to or from Florida, the death of a named executor or beneficiary, a significant change in assets, or buying a new home in the Miami area. A quick review every few years catches problems before they matter.
One Reassurance
Whatever the life change, you will not face a Florida estate or inheritance tax, because the state has none. The focus of every update is making sure the right people are protected and the right people are in charge.
This is general information, not legal advice. The interaction between Florida’s automatic rules and your own documents is technical. After any major life event, consult a licensed Florida estate planning attorney in Miami to update your plan properly.
For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles Article 81 guardianship in New York.