How does a marriage affect a pre-existing Last Will & Testament in Florida?

Many people have a Last Will & Testament in place before they get married.  This is especially true if it is a second marriage or the creation of a blended family.  Generally, under Florida law, if you do not amend your Will after you get married, upon your death, your new spouse will get a share of your estate as if you did not have a Will.  This is true even if your spouse is not mentioned in your Will at all.

If you wish to avoid this outcome, there are several ways to address this issue.  You could  amend your Will after you get married, or you can have your spouse sign a prenuptial or post-nuptial agreement.  Remember that Florida law restricts how you can disinherit a spouse, so you should consult a qualified attorney if that is your intention.

If you have any questions regarding the above or need help addressing your estate plans, please contact me and I will be glad to assist you.

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