Flexibility of the Florida Uniform Principal and Income Act
April 18, 2011
Estate Planning and Asset Protection
April 29, 2011

Estate Planning Needs and the Divorced Parent

Divorce is often a painful event for couples, especially when young children are involved.  After going through a divorce and dealing with attorneys, the last thing that a parent wants to do is work with another attorney to update their estate plan.

If the parents were responsible, they visited an attorney and did wills to provide for the care of their children while they were married.  In a typical simple will, each spouse usually leaves everything to their spouse should they die first.  Fortunately, after divorce, Florida law prevents the divorced spouse from inheriting should the other parent die first.

With this in mind, you might not believe that you need to see an estate planning attorney and do a new will.  However, think of the person that you named to be the guardian of your child and the money and property that your child will inherit from you.  That person is probably your previous spouse.  Did you know that with a carefully drafted will, you can name other people to raise your child and manage their finances?

If your estate plan included revocable living trusts that leave everything to your former spouse, Florida law prevents the divorced spouse from receiving your property when you die.  However, not all trusts are revocable.  You should see an experienced estate planning attorney as soon as possible.  While the attorney who prepared your initial documents may have been a general practice attorney, we recommend that you hire an experienced estate planning attorney who’s practice is concentrated in this area.  At Ourednik Law Offices, we have helped many single parents in your situation.  Contact us for a consultation today.