Legal Question in Wills and Trusts in Florida

last will and divorce

Florida. My husband and I are getting a divorce. We are still planning on staying together as friends. When I approached him about his will, which leaves everything to me, he said he is not going to change it because he still wants me to receive his inheritance. Since it states that we are married, will his will still be valid or does it have to be changed and do we have to have anything in the divorce decree pertaining to inheritance?


Asked on 8/19/08, 8:15 pm

2 Answers from Attorneys
Alexander Kaplan Alexander L. Kaplan, PA

Re: last will and divorce

You need to speak with your matrimonial attorney. There is nothing that can prevent your future ex from changing his mind, unless you execute a post-divorce agreement, preferably as part of the divorce proceedings. Your matrimonial attorney can guide you in this to protect you.

Read more
Answered on 8/20/08, 12:12 am
Frank J. Pyle Probate Attorney Throughout Florida

Re: last will and divorce

Once you are divorced, his will leaving everything to you will be void as far as leaving ANYTHING to you. He would have to make a new one and could change it at any time.

Read more
Answered on 8/20/08, 5:07 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida