An estate plan is a snapshot of your life at one moment. When your life changes, the snapshot goes stale, sometimes with surprising legal consequences. Consider three Palm Beach families navigating three common transitions and what each needed to update.
After Marriage: Maria and David
Maria moved to Palm Beach and married David, but her old will still left everything to her sister. Under Florida law, a spouse cannot simply be written out by an outdated document. Florida’s elective share statute (Section 732.2065 and following) entitles a surviving spouse to 30% of the elective estate, which sweeps in far more than probate assets. On top of that, Florida’s “pretermitted spouse” rule may give a spouse a share if the will predates the marriage and does not provide for them. Maria updated her will, named David as her health care surrogate and power of attorney agent, and reviewed her beneficiary designations so her new husband was actually protected, not just legally entitled to fight for a share.
After Divorce: The Common Trap
When David’s neighbor finalized his divorce, he assumed his ex was automatically removed from everything. Florida statute does void gifts to a former spouse in a will and revokes their authority under a power of attorney upon divorce. But here is the trap: that automatic revocation does not reach every asset. Life insurance and retirement accounts governed by beneficiary designations, especially certain employer plans, may still pay an ex-spouse unless you actively change the form. After a divorce, re-do your will, sign a new durable power of attorney and health care surrogate, and personally update every beneficiary designation. Do not assume the law cleaned up after you.
After a New Child: Planning for Minors
When the Reyes family welcomed their first baby, their biggest gap was not money, it was guardianship. Florida lets parents nominate a preferred guardian for minor children, and a court gives that nomination strong weight. Without it, a judge decides who raises your child with no guidance from you. The Reyes parents also realized that leaving assets outright to a minor is impossible; the money would be tied up in a court-supervised guardianship until age 18. They set up a revocable trust under Chapter 736 with provisions holding funds for the child’s care and releasing them at mature ages. Florida’s “pretermitted child” rule can give an after-born child a share, but relying on it is no substitute for a deliberate plan.
Don’t Forget the Documents That Outlive the Will
In every one of these scenarios, the will was only part of the picture. Beneficiary designations on IRAs, 401(k)s, and life insurance pass outside your will and outside your trust. Payable-on-death and transfer-on-death accounts do too. A life change is the moment to pull every statement and confirm each designation matches your new reality.
When to Review Your Plan
A good rule for Palm Beach families: revisit your plan after any marriage, divorce, birth, death, or major move, and at least every three to five years regardless. Small updates now prevent expensive disputes later.
A Note Before You Act
Florida’s elective share, pretermitted spouse and child rules, and divorce-revocation statutes interact in ways that trip up even careful people. Before you rely on automatic protections or DIY edits, consult a licensed Florida estate planning attorney serving Palm Beach to make sure your documents reflect the family you have today.
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For more on our Florida practice, see our overview of estate planning in Boca Raton. Morgan Legal Group's affiliated New York office also handles .
