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Do I have to remove my ex from my will after divorce?

Florida law automatically removes all inheritance rights your ex has by default in your will after your divorce is finalized. Therefore, you probably would not have to worry about any type of automatic inheritance rights your ex has.

That said, this could be an opportunity to review your estate plan and make sure everything is set up correctly. Even though it is included in Florida state law on divorce, the automatic revocation of your ex-spouse's primary inheritance rights may not be right for you. 

You may not want to wait until the divorce is finalized to write your ex out of your will. Alternatively, you may want to keep your ex in your will in some regard. Either of these options would require proactive action on your part.

Divorce can take a long time in Florida. This is especially true if your marriage involves significant assets, complicated custody issues a non-cooperative atmosphere. To guarantee that your intended heirs receive their share of your state, you may want to consider editing your will. However, it is probably best to approach this task carefully, as it might cause further conflict in the divorce if the terms are not appropriate.

There are some estate planning modifications that you may want to wait until the divorce is finalized to complete. This is because certain types of trust funding and defunding could raise questions as to whether you were trying to shield your assets from your spouse. Even if it were not your intent to subvert the asset division process, you could still cause delays inadvertently.

If you have any questions about what you need to do to protect your future after divorce, remember that your case is unique. What works for other people may not work for you. Therefore please do not view this as legal advice. It is only meant to inform you of the general situation.

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Day Law Your Hometown Attorneys

4108 Deltona Boulevard
Spring Hill, FL 34606

Toll Free: 888-326-9553
Phone: 352-200-2382
Fax: 352-684-4529
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