In the event you are SOON TO BE DIVORCED OR ARE DIVORCED, you need to revise your wills, living wills, power of attorney and all other estate planning documents you have. If you do not have an estate plan you need one.
Once you are divorced, if you have no estate plan and die owning assets in your name, Florida law will govern who gets the assets and who controls the assets. Your wishes will not bind the Court in any fashion. At the very least, a Will is required to dispose of your assets as you rather than a Court wishes.
After divorce or in the event your first spouse dies, should you remarry planning is required to make sure your new spouse and "old" children receive and/ or share in your assets after your death. If, you leave everything to your "new" spouse, your assets are now his/her property and he/she can dispose of those assets as he/she wishes. Your children could get nothing.
With proper planning by use of a Trust, your "new spouse" gets use of the assets while alive and your "old" children get the assets when the new spouse dies as you stated in your trust document.
Should you have any questions, please contact my office for assistance.
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