An estate plan is a snapshot of your life on the day you signed it. Marriage, divorce, and a new child each change the picture, and Florida law sometimes adjusts your plan automatically in ways you may not expect. Here is what Boca Raton families ask after a major change.
I just got married. What changes?
Marriage triggers significant Florida protections for your new spouse. Even if your old will leaves everything to children or others, your surviving spouse may claim an elective share, generally 30% of the elective estate, under section 732.2065 and the sections that follow. A spouse can also have rights to the homestead and a family allowance. If you want to honor your intentions while respecting these rights, update your will or trust and consider whether a prenuptial or postnuptial agreement fits your situation.
What happens to my plan after a divorce?
Florida builds in some protection here. Under the probate code, a divorce generally voids any gift in your will to your former spouse and any nomination of them as personal representative, treating them as if they predeceased you. Florida law applies a similar rule to many beneficiary designations on assets like life insurance after a dissolution. But do not rely on the automatic fix alone. Old retirement plan beneficiary forms, joint accounts, and out-of-state documents can slip through the cracks, so update everything affirmatively.
We had a new baby. Is the child automatically protected?
Florida has a pretermitted child rule: a child born or adopted after your will is signed, and not provided for, may be entitled to a share as if you had died without a will. That is a safety net, not a plan. To truly protect a new child you should name a guardian for minors, decide how and when assets pass (often through a trust so a young child does not receive a large sum outright), and update beneficiary designations.
Who will raise my minor children?
For Boca parents, naming a guardian is often the most urgent reason to update. In Florida you nominate a guardian in your will. Without that nomination, a court decides among relatives, which can spark conflict. Reviewing this choice after each new child keeps your wishes current.
Do I need to re-fund my trust after these changes?
Yes. If you have a revocable trust under Chapter 736, a new home, a new account, or a refinance can leave assets outside the trust. Property not titled in the trust may still go through probate. After any major purchase or life event, confirm the trust actually owns what it is supposed to own.
What about my power of attorney and health care surrogate?
If you named your spouse and later divorced, or named a parent before you had your own family, those choices may no longer reflect your wishes. Refresh your durable power of attorney under Chapter 709 and your designation of health care surrogate so the right person is in charge.
One Florida tax note
None of these changes create a Florida estate or inheritance tax issue, because Florida has neither. The work is about people and control, not state death taxes.
Talk to a Florida attorney
Life changes faster than paperwork. This article is general information, not legal advice. A licensed Florida estate planning attorney serving Boca Raton can review what the law changed automatically and what you still need to update by hand.
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For more on our Florida practice, see our overview of estate planning in Palm Beach. Morgan Legal Group's affiliated New York office also handles .