Filing For A Divorce In Fort Lauderdale? Be Aware Of Impacts On Estate Planning

Getting a Fort Lauderdale divorce means dealing with major changes in your day-to-day life while also planning for the future. When it comes to wills, trusts, powers of attorney, and other estate plans, documents created during your marriage should be changed to reflect your new single status.

Unfortunately, not updating your estate plan could leave your former partner with control over your property, assets, or personal decisions, even long after your divorce is final. Our experienced Fort Lauderdale divorce attorney explains more about estate planning impacts and steps to protect yourself during divorce proceedings.

What Happens to Your Estate Plan After A Divorce in Fort Lauderdale?

When going through a breakup and filing for a divorce in Fort Lauderdale, the focus is on getting what you are entitled to in a settlement and need to make a fresh start. With everything on your plate, estate planning may be the last thing you are considering, but you need to know how Florida laws apply when it comes to estate planning.

Under Sections 732 and 736 of the Florida Statutes, a divorce revokes certain provisions in estate planning documents that name a former spouse. This includes:

• Provisions benefiting a former spouse in a will or revocable trust;
• Authority granted to a former spouse to act as your power of attorney;
• Health care surrogate designations;
• Designations to serve as your personal representative, trustee, or guardian.

While these provisions help protect you when filing for a divorce in Fort Lauderdale, there are still estate planning issues you need to address. Bank accounts and life insurance policies often operate outside your will, and failing to update other estate planning documents can create confusion and open the door to legal challenges.

Protecting Your Future During Broward County Divorce Proceedings

When getting a divorce through the Broward County Family Court, an experienced Fort Lauderdale divorce attorney can protect your rights and help ensure you get what you need to make a fresh start. While we fight to get you the best possible settlement, we recommend reviewing estate planning documents and making any necessary changes to ensure they reflect your current wishes. This includes:

• Changing your current will to remove your ex-spouse and updating heirs or beneficiaries.
• Reviewing and updating trusts naming your spouse as a beneficiary or trustee.
• Changing beneficiaries on retirement accounts, life insurance, and payable-on-death (POD) bank accounts.
• Updating powers of attorney, healthcare surrogates, and advance directives.
• Reconsidering guardianship appointments and emergency planning if you have minor children.

To Protect Your Rights Now And In The Future, Consult Our Experienced Fort Lauderdale Divorce Attorney

The Law Office of Sandra Bonfiglio provides caring, comprehensive legal services if you are getting a divorce in Fort Lauderdale. We help you prepare for every aspect of these proceedings, including potential impacts on your future well-being and financial security. For trusted legal help, contact our office. Request a consultation today to speak with our experienced Fort Lauderdale divorce attorney.

Sources:

leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.507.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/Sections/0736.1105.html

browardclerk.org/Divisions/Family