Probate Litigation: Florida Wills and Divorce

How can divorce affect an inheritance? Will my ex-husband still inherit from my Palm Beach estate if we get divorced? What happens if you leave an ex-spouse property in a Florida will? Are you involved in a probate matter regarding divorce and a Florida will? If so, you may want to read a recent Second DCA opinion, Gordon v. Fishman.

This appeal discusses Florida Statute 732.507. Particularly,it discusses Florida Statute 732.507(2), which states the following: “Any provision of a will executed by a married person that affects the spouse of that person shall become void upon the divorce of that person or upon the dissolution or annulment of the marriage. 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 or divorce judgment expressly provides otherwise.” Basically, this statute says that if the decedent’s will is written while the decedent was married, and the spouse is mentioned as a beneficiary, the court will act as if the spouse predeceased the decedent. Therefore, the ex-spouse will not inherit under the will unless there is specific language that provides otherwise. To read the entire opinion, click here.

To read Florida Statute 732.507 in its entirety, click here. If you have further questions regarding an estate matter, please feel free to call us at (561)514-0900 ext. 101 for a FREE consultation.