An estate plan is a snapshot of one moment in your life. When the picture changes, the plan can quietly stop matching reality. Three Palm Beach families show how it happens — and what Florida law does and does not fix for you.
Marriage: A New Spouse With New Rights
When Elena remarried at fifty-eight, she kept the will she signed as a single woman, the one leaving everything to her two adult children. What she did not realize is that Florida grants a surviving spouse significant rights regardless of the will. Under the elective share statute (sections 732.2065 and following), a surviving spouse can claim thirty percent of the elective estate. Florida also provides a pretermitted (omitted) spouse a share if the will predates the marriage and does not address it. Elena’s plan would not simply distribute to her kids as written; her new husband could assert rights against it. The fix is intentional: update the will or trust to reflect the marriage clearly, often coordinated with a prenuptial agreement, so everyone’s expectations match the documents.
Divorce: Florida Helps, But Not Everywhere
After Tom’s divorce, he assumed he had to redo everything immediately. Florida law gives him partial cover. Under section 732.507, provisions of a will favoring a former spouse are treated as if the ex-spouse predeceased him once the marriage is dissolved. A similar rule applies to revocable trusts. But — and this is the dangerous gap — that automatic revocation does not reliably extend to assets that pass by beneficiary designation outside probate. The life insurance policy and retirement account that still name his ex-wife? Those can pay her exactly as written. Beneficiary forms must be updated by hand. Tom also needs to revisit his durable power of attorney and health care surrogate; naming an ex-spouse as your medical decision-maker is rarely what you want post-divorce.
A New Child: Don’t Rely on the Default
When Priya and James welcomed their first child in Palm Beach, they had a will from before the pregnancy. Florida’s pretermitted child statute (section 732.302) may grant an after-born child a share, but relying on a statutory default is a poor substitute for deliberate planning. More importantly, a will is where Florida parents nominate a guardian for a minor child. Without that nomination, a court decides who raises your child, choosing among relatives who may disagree. New parents should also consider a revocable trust under Chapter 736 to manage assets for a minor, since a child cannot receive an inheritance outright, and should name guardians and trustees explicitly.
The Quiet Killers: Beneficiaries and Titling
Across all three scenarios, the common failure point is the same. Wills and trusts get attention; beneficiary designations and account titling get forgotten. In Florida these non-probate transfers control huge portions of most estates and override your will. After any major life change, pull every life insurance policy, IRA, 401(k), payable-on-death account, and deed, and confirm each one still names the right person.
Build a Review Habit
A practical rule for Palm Beach families: review your plan after any marriage, divorce, birth, death, major asset purchase, or move across state lines — and at least every three to five years regardless. Florida has no state estate or inheritance tax, so the work is about people and control, not tax dodging.
Consult a Florida Attorney
Each life change interacts with Florida’s statutes differently. Before assuming your plan still works, have a licensed Florida estate planning attorney review your documents and beneficiary designations together.
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For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles .
