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Can I Change My Will During A Divorce?

One of the first things a lot of people think about during the stages of a divorce are how to make a legal break. That can include wanting to re-do a will, a financial power of attorney, and change who is authorized to make medical decisions for you if you are incapacitated. Especially for this article, we'd be remiss to not point out that this article is NOT legal advice, and this is one area where competent legal advice from a licensed attorney would prove beneficial. As a lof of this article is based on Florida law, if you are in need of legal counsel in Florida, click here to find an attorney that can help.

Q: Can I change my will during a divorce?

A: It may vary by State. Research your state law or check with an attorney if you have one. If you don't, find one through your State bar. Here's how the Florida Bar breaks down Florida law (with citations). Florida DOES allow you to change your will during a divorce. Here are the things to look for in your state, and this is all based on how Florida law handles the legal side of estate planning and divorce. There are some things that are triggered automatically by the divorce in Florida, called "standing orders."

Upon the filing of a petition for dissolution of marriage, Florida law does not preclude spouses from amending their existing testamentary documents — will and/or trust — to remove the soon-to-be former spouse.

It's a complicated part of the law, so we strongly advise you to seek competent legal counsel when dealing with the termination of financial access and estate planning during a divorce. No form filling company can give you legal advice on your unique situation. Part of the reason to complete a self proving will in Florida (which is signed by two witnesses and notarized) as it clearly states your last will and testament, helpful especially in the case of a contested will when the will enters probate after death.

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