If you are divorced, or are already divorced, you must know how the resolution affects your marriage to plan on the property. It is important to understand that you plan to already have a plot. Either you have a will or a trust, or what the state of Florida could provide, your spouse are always some or all of your assets. Important aspects are taken into account what happens during the divorce, what happens after the divorce, regardless of whether children are present, andHow are assets to those children left?
Ex-spouse
If you divorce, the law treats your ex-spouse as if he or she had at the time of the resolution died. That is, there is no need to change your will to remove an ex-spouse when the divorce is complete. However, there is no rule that when a spouse dies before the conclusion of the divorce. If one spouse dies, while divorce is pending, the surviving spouse inherits through the dead spouse is. If there is nowill be the surviving spouse inherits all of the estate if there are no children and at least half if there are children. Therefore, if you want to get a divorce, it is necessary to change or create one would die to minimize the amount of your spouse. Even if the law does not provide for private contracts such as life insurance. You must make sure that you change to the beneficiary designations naming your spouse.
Elective Share & Homestead
Unfortunately, it is notbe possible to completely disinherit, your spouse until the divorce is finalized. Under Florida law, a surviving spouse is a spouse life estate in the principal residence of the dead and can claim up to thirty percent of the total value of the spouses Estate. The surviving spouse's rights are not affected during a divorce is pending, only after its completion. Moreover, these rights may be waived only by a pre-divorce or maintenance agreement. The thing gets a little morecomplicated if you have kids.
Guardianship
If there are children in the marriage and one parent dies, the surviving parent is likely to be the guardian. This setting is required by law, and there is nothing the other spouse can do to influence them. The surviving parent would be excluded only if it were considered by the court on it will be unfit as a guardian. Regardless of which should be a secondary guardian in the event will be nominated the surviving spouse is unable or unwilling to act as guardian.You may not be able to prevent your ex-spouse to previous guardian of your children, but you can prevent them, the control over the assets you leave for the children including life insurance proceeds, bank accounts, and keep your house so on.
If no other plans are made, the surviving parent control of the inherited property as guardian of the children. This result can be avoided by a trust. With a trust, you can name a relative or friend of your choice to control theYour children's assets. You can direct how and when these assets are used and at what age they are, are to be switched on through your children. The trust can own or as part of your will.
Completion
Divorce is a difficult process, and it is difficult to imagine all that must be done, but these issues must be addressed, either during or immediately after the divorce. Failure estate control of your own will mean that the state of Florida will do it forYou, and only rarely as you wish. Take the time to address issues meeting with a lawyer or ask your divorce attorney about them. Peace of mind and the future of your children is worth it.
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