Legal Question in Wills and Trusts in Florida

If a marriage occurs after a will by that person is made is it still good?


Asked on 6/20/11, 10:59 am

4 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Your question must be answered in a general manner, subject to many qualification depending on the situation and the will. A will which is drafted and executed according to Florida law remains valid after the testator is married or divorced, however, the changed status of his/her marriage could affect certain provisions of the will where the provision conflicts with state law regarding the rights of spouses. For example, through marriage a spouse acquires certain rights to property acquired during the marriage regardless of the will.

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Answered on 6/20/11, 11:11 am
Latangie Williams Law Office of Latangie Williams, P.A.

The will is still valid. It is wise however to update the will. Still, the spouse will be provided for as a pretermitted spouse.

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Answered on 6/20/11, 11:12 am
Lucreita Becude Lucreita D. Becude, P.A.

My colleagues are correct. As pretermitted spouse - you will have some rights.

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Answered on 6/20/11, 1:02 pm
David Slater David P. Slater, Esq.

Though legal, the will should be updated so there are no family disputes later on.

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Answered on 6/21/11, 9:05 pm


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