How to Update Your Florida Estate Plan After Marriage or Remarriage

Do I Have to Update My Will After Marriage?

Marriage is a significant goal for many people. This is especially true in Florida, which has one of the highest marriage rates in America. Many people who marry intend for the relationship to last the rest of their lives. Because of this intention, most married people want their spouse to be a beneficiary if they should predecease them.

However, some individuals do not realize that being married to someone does not necessarily guarantee they will inherit all of their assets. Although spouses will generally inherit joint property in Florida, there are circumstances in which other individuals may attempt to claim property. This can especially hold true if you were previously married or if you have any children by someone other than your spouse.

This is why an estate plan is vital for any married person in the state of Florida. A comprehensive, up-to-date estate plan can ensure your assets will go to your spouse. If you or a loved one was recently married or remarried, you must contact our experienced and compassionate legal team. An estate attorney can help you ensure your assets go where you want them to.

Won’t My Spouse Automatically Inherit My Assets?

In many instances, the surviving spouse of a deceased person will automatically inherit any joint assets at the time of their death. Joint assets include, but are not necessarily limited to:

• Money
• Real Estate
• Vehicles
• Bank Accounts
• Investments

Many people assume that if they were to pass away, their spouse would inherit all of their property. Multiple factors can complicate this situation. One is if you had any children with someone other than your current spouse. In this instance, any child or children may be able to lay claim to some of your property and assets. Another complication is if you were previously married but have not updated your will. Even if you divorced and married another person, if you did not update your will following the remarriage, your former spouse might be able to argue that the will is still valid. If this happens, they can convince a judge or jury that they are still entitled to the assets listed in their name. These are only a few potential situations in which a spouse may not automatically inherit all of a deceased partner’s assets. This is why an up-to-date estate plan is vital for all married people.

What is the Elective Share Law?

Florida has an elective share law. This law guarantees a married person the right to a percentage of their spouse’s assets if they pass away, regardless of whether there is a will or even if the couple was estranged at the time of death.

While this may allow for the smooth transition of asset ownership in the case of a happy marriage, it can create complications in the event of a separation, other legal issues, or disputes involving you or your spouse’s family. In some instances, provisions of the elective share law may even impact a will or estate plan. Maintaining an up-to-date estate plan drafted by an experienced attorney is crucial for all married and remarried people in Florida.

What Should I Update in my Estate Plan After I’m Married?

Suppose you were recently married, remarried, or plan on getting married. In that case, you should update any estate plans, wills, power of attorney, or other legal documents as soon as possible.  Generally speaking, you want to “cover all bases.” Inheritance can become a complex process. Any up-to-date legal documentation you leave behind can ease this process and eliminate any potential confusion as to your wishes.

Updating your will is essential. A will names an executor of your estate as well as beneficiaries for specific items. An executor is responsible for overseeing the distribution of your assets and the fulfillment of any wishes in the will, such as funeral arrangements, charity donations, or more. Wills are also used to establish custody for minor children. While a will is a valuable tool, it may be too basic to ensure your assets are distributed adequately according to your wishes.

It is also vital to update any trusts you may have established as part of an estate plan prior to your marriage, or to create new trusts with your spouse as a beneficiary. A trust is a legal arrangement in which you transfer ownership of certain assets into a trust, which a trustee then manages. The trustee will distribute any assets in the trust according to your wishes.

You must also update any power of attorney, medical power of attorney, or living will you may have previously drafted. Power of attorney and medical power of attorney will ensure your new spouse is able to make legal and medical decisions on your behalf in the event of an emergency. A living will outlines instructions for what to do if you are incapacitated. You and your spouse must agree on what to do in the event of a medical emergency and that proper legal protections are in place to ensure your wishes are followed.

These are only a few of the key aspects of an estate plan that must be updated in the event of a marriage or remarriage. Our legal team can help you through the entire process and ensure you start your new marriage off worry-free.

What Should I Do if I Need to Update my Estate Plan Following a Marriage?

Marriages should be about happiness, joy, and looking forward to a bright future. You shouldn’t lose sleep or precious time worrying about wills and asset distribution. With the Law Office of Erin Morse on your side, you won’t have to. We believe in a personalized, creative approach to estate planning that takes the stress off our clients. By applying our legal expertise, we can allow you to focus on the happiness of a marriage and a new beginning.

In a marriage, nothing should be left to chance. This is especially true when it comes to wills and asset distribution. If you were recently married or remarried and need to update your estate plan, don’t hesitate to contact the Law Office of Erin Morse today at 407-900-7451.