Legal Question in Wills and Trusts in Florida

Who has the authority?

I am the second wife. My husband has not changed his will and it names his first wife as exector. If he does not change this before his death, will she have authority and where does this leave me?


Asked on 6/15/09, 1:42 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Who has the authority?

yes she will

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Answered on 6/15/09, 9:22 am
Sarah Grosse Sarah Grosse, Esquire

Re: Who has the authority?

As a related issue, be sure to check who is named as the beneficiary(ies) of his insurance policies/retirement benefits and such. The beneficiary may still be his first wife.

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Answered on 6/15/09, 10:20 am
Frank J. Pyle Probate Attorney Throughout Florida

Re: Who has the authority?

Slater strikes again - disregard his answer. As provided in paragraph (2) of Florida Statute 732.507 (copied below), she is out of the Will.

732.507 Effect of subsequent marriage, birth, adoption, or dissolution of marriage.--

(1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as set forth in ss. 732.301 and 732.302, regardless of the prior will.

(2) Any provision of a will executed by a married person that affects the spouse of that person shall become void upon the divorce of that person or upon the dissolution or annulment of the marriage. AFTER THE DISSOLUTION, DIVORCE, OR ANNULMENT, THE WILL SHALL BE ADMINISTERED AND CONSTRUED AS IF THE FORMER SPOUSE HAD DIED AT THE TIME OF THE DISSOLUTION, divorce, or annulment of the marriage, unless the will or the dissolution or divorce judgment expressly provides otherwise.

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Answered on 6/15/09, 12:29 pm


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