An estate plan is a snapshot of your life on the day you signed it. Marriage, divorce, and the arrival of a child each rewrite who you want protected and who should make decisions. Florida law also changes some things automatically, sometimes in ways you would not expect. This checklist covers what to revisit after each major event in Miami.
After you marry
Marriage triggers spousal rights under Florida law. Your new spouse is entitled to an elective share, generally 30 percent of the elective estate under sections 732.2065 and following, even if your old will leaves them out. Florida also gives a surviving spouse important homestead rights, so your Miami home cannot simply be left to someone else if your spouse survives you and you have not properly addressed it. Update your will, add your spouse as a beneficiary where intended, and revisit health care surrogate and POA choices, since most people now want their spouse named.
After you divorce
Florida helps here, but only partway. Under the law, divorce automatically voids provisions in your will favoring your former spouse and revokes their authority as your agent or surrogate, treating them as if they predeceased you. However, this does not automatically fix beneficiary designations on every account, and gaps can remain. Do not rely on the automatic rules alone. Re-sign a fresh will, POA, and surrogate, and personally update beneficiaries on life insurance, retirement plans, and payable-on-death accounts.
After a new child arrives
A new baby is the most urgent prompt to plan. Name a guardian for your minor child in your will, because if you do not, a Miami-Dade court decides who raises them. Florida homestead rules also restrict how you can leave your home when you have a minor child, so review titling. Consider a trust to hold assets for the child until they are old enough to manage money, rather than handing a lump sum to an 18-year-old.
Update beneficiary designations every time
Across all three events, beneficiary forms are the most overlooked piece. They override your will. After any life change, pull every retirement account, insurance policy, and bank designation and confirm it names the right people and a contingent backup.
Refresh your decision-makers
Your durable POA under Chapter 709 and health care surrogate name people to act when you cannot. The person who fit five years ago may no longer be the right choice after a marriage or divorce. Re-confirm these names whenever your relationships shift.
Set a review rhythm
Even without a major event, review your plan every three to five years. Florida law evolves, and so does your family. A quick check now prevents an outdated document from controlling your estate later.
Talk to a Florida attorney
Life changes interact with Florida’s elective share, homestead, and revocation rules in ways that are easy to get wrong. After any marriage, divorce, or birth, consult a licensed Florida estate planning attorney to bring every document and beneficiary form back into alignment.
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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 .
