In Florida, divorce automatically revokes any provisions in a will or trust that leave property to a former spouse. However, this revocation does not extend to jointly held property, bank accounts, retirement accounts, or beneficiary designations on life insurance policies and other accounts. While there have been instances where life insurance policies may be automatically revoked following a divorce, it is crucial to confirm with your insurance company which policy they follow.
After a divorce, it’s essential to review and update your entire estate plan to reflect your new circumstances. This includes revising your will, trust, and any other documents related to your assets and beneficiaries.
Regarding health care surrogates and durable powers of attorney, the revocation is not automatic. If you wish to remove your former spouse as your agent, you must formally revoke the existing documents and create new ones. Additionally, any real estate held jointly with your former spouse will remain in joint ownership unless changed.
While Florida law revokes bequests to an ex-spouse, it does not automatically revoke their position as a trustee, co-trustee, or successor trustee. Therefore, it is crucial to revise your estate plan to ensure your former spouse is not still named in these roles if that is no longer your intention.
