Refreshing Your Florida Estate Plan After a Gray Divorce

Have you recently experienced a gray divorce and wondered how it might impact your financial and personal circumstances? For individuals navigating this transition, updating your Florida estate plan, including your last will and testament, trust agreements, and durable powers of attorney, is an essential step to ensure your wishes and legacy align with your new reality. 

Divorce, especially later in life, often necessitates a complete reevaluation of your estate planning documents. Many of these documents, including your last will and testament, trust agreements, durable powers of attorney, and health care planning tools likely include your former spouse in key roles. Following a gray divorce, it is crucial to update these documents to reflect your current wishes and to avoid unintended consequences.

In Florida, state laws regarding estate planning and divorce can add another layer of complexity. For example, Florida automatically revokes certain provisions in your last will and testament that name your former spouse as a beneficiary, but other aspects of your estate plan may remain unchanged until you take action. This is why a proactive approach is essential after a gray divorce.  Let’s discuss some critical areas that should be reviewed to ensure your estate plan aligns with your current needs and goals.

• Last Will and Testament. Update your last will and testament to remove your former spouse as a beneficiary or executor, if applicable. Ensure your assets will pass to your intended heirs or beneficiaries.

• Durable Powers of Attorney and Health Care Planning Tools. If your former spouse is named as your agent under a durable power of attorney or health care planning tools, it is important to designate a new trusted individual for these roles.

• Trust Agreements. Review and update any trust agreements you have established, particularly if your former spouse is named as a trustee or beneficiary. Make adjustments to align with your new goals and family dynamics.

• Beneficiary Designations. Retirement accounts, life insurance policies, and other financial instruments often list a beneficiary separate from your will. Be sure to update these designations to reflect your current wishes.

• Long-Term Care and Medicaid Planning. Gray divorce can impact your approach to long-term care planning. Adjusting your strategy to account for changes in financial resources and support systems is critical.

We know this topic may raise more questions than it answers and want to help you plan for the future, and the unexpected. Whether you are young and single or a married five-time great grandparent, your voice and wishes need to be known. Worley Elder Law, based in beautiful Bradenton, Florida, focuses on helping you understand your options in designing your Estate Plan or Elder Law needs. Whether it is preventative incapacity planning or establishing your legacy, we will take the time to explain every option and work with you to create a customized plan just as unique as you and your family are. Please do not hesitate to contact us to let us help you.