Legal Question in Wills and Trusts in Florida
I am currently married in Florida state with 2 minor children. My husband filled for divorce which will start sometime soon. I want to change my will now to exclude him and protect the children. What form should I use? I have tried the form for married with minor children but all goes to the spouse according to the form which is not my intentions. Pleae advise.
2 Answers from Attorneys
Until the divorce is final, you can not completely disinherit your spouse. At one time you could but no longer.
The legislature wrote changed this provision a few years ago with the intention of protecting wives, though they had to make it gender neutral. In fact, I believe it has protected far more husbands such as in your case.
The best you can do is provide that he would not get any more than the minimum required by law. To do this correctly, you should use an attorney versed in this area to write it. Then upon getting a final divorce decree you can make a new Will completely leaving him out. I wouldn't advise not using an attorney if you want this done properly.
You can not do this until the divorce is final. Read your Standing Family Law Order that was issued as part of the divorce package.
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