Impact of Divorce on Probate of a Will in Florida

Question:  My father died shortly after he and my stepmother got divorced. I don’t think he updated his will after the divorce.  If his ex-wife was in the last will, does that mean she’ll inherit even after she got a divorce settlement?

Answer:    Unless the will or judgment expressly provides otherwise, if your father’s will provided for his then-wife, but they later got divorced, then those provisions benefiting the now ex-wife are void under Florida law.  In fact, the Florida Probate Code construes such a will as if the former spouse had died before the deceased spouse as of the date of the dissolution, divorce, or annulment of the marriage.  If your father designated your step-mother as his personal representative of his estate, you should look to the will to see if he appointed a successor personal representative.  If he didn’t, you may be able to petition the court to be appointed personal representative.  If someone you love has recently passed, contact Bach & Jacobs and schedule an appointment with one of our attorneys who can guide you through the probate process.