Life on the island moves fast, and the documents you signed a few years ago may no longer say what you want them to. In Florida, certain life events actually change your estate plan automatically, whether you update it or not. If you have married, divorced, or had a child since you last looked at your plan, here is what every Key West adult should know.
After You Get Married
Florida gives a surviving spouse strong protections that can override an old will. Under the elective share rules (Florida Statutes 732.2065 and following), a surviving spouse is entitled to 30 percent of the elective estate, even if your will leaves them little or nothing. If you married after signing your will and did not provide for your new spouse, they may also claim a share as a pretermitted spouse. On top of that, Florida’s homestead protection (Article X, Section 4 of the state Constitution) limits how you can leave your primary Key West residence when you have a spouse. The takeaway: a new marriage almost always means a new look at your will, beneficiary designations, and how your home is titled.
After a Divorce
Florida law automatically treats your ex-spouse as having died before you for most parts of your will and revocable trust once the divorce is final. The same rule applies to many beneficiary designations on accounts. That sounds convenient, but it leaves gaps. If your ex was named as your personal representative, trustee, or power-of-attorney agent, those roles may suddenly be empty. And the automatic rules do not always reach every account or out-of-state asset. After a divorce finalized at the Monroe County courthouse, you should re-read every document and name new agents and backup beneficiaries.
After a New Child Arrives
A child born or adopted after you sign your will is called a pretermitted child under Florida law and may be entitled to a share of your estate even though you never named them. More importantly, your will is the place where you name a guardian for minor children. Without that nomination, a Florida judge decides who raises your child if both parents are gone. For Keys families with young kids, naming a guardian and a backup is often the single most important reason to update a plan.
What to Actually Change
- Your will and any revocable trust, including who inherits and who serves as personal representative or trustee.
- Beneficiary designations on life insurance, retirement accounts, and bank accounts. These pass outside your will and are easy to forget.
- Your durable power of attorney (Florida Chapter 709) and your health care surrogate, so the right person can act if you cannot.
- The deed and title to your homestead, especially after marriage.
One bit of good news for islanders: Florida has no state estate tax and no inheritance tax, so updating your plan is about control and clarity, not chasing a state death-tax bill.
A Quick Key West Checklist
Keep copies of new documents somewhere safe from hurricanes and humidity, tell your named agents where to find them, and revisit the plan every few years or after any major change. A plan that matches your current life is worth far more than a perfect plan from five years ago.
This article is general information about Florida law, not legal advice. Your situation is unique, so consult a licensed Florida estate planning attorney before making changes to your plan.
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For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles .
