Legal Question in Wills and Trusts in Florida
a spouse was named as estate beneficiary, then divorced from the deceased. Does she still inherit?
Asked on 3/12/11, 12:29 pm
3 Answers from Attorneys
John Harmon
The Law Office of John W. Harmon
No, the ex-spouse will be treated as predeceasing the deceased.
Answered on 3/12/11, 1:00 pm
Sanford M. Martin
Sanford M. Martin, P.A.
Advice: read the will or trust to determine if she is "inheriting" property as a spouse or merely receiving property as a beneficiary. A person may give estate property to an ex-spouse. If she is named only as a spouse, the divorce precludes her right to inherit. We have represented such beneficiaries in Florida.
Answered on 3/12/11, 1:49 pm
No, if it is stated receiving it as the spouse. If the Will or codicil is done after the divorce providing for her then, yes.
Answered on 3/12/11, 2:29 pm
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