An estate plan is a snapshot of your life on the day you signed it. Life keeps moving; the documents don’t. Florida law patches some gaps automatically — and creates surprises in others. These are the events that should send your plan back to the lawyer’s desk.
Marriage
Marry after signing your will, and Florida’s pretermitted spouse statute generally entitles your new spouse to an intestate share of your estate — typically half or more — regardless of what the will says, unless a prenuptial agreement or the will itself provides otherwise. Marriage also confers homestead rights and elective share rights (30% of the elective estate). Second marriages with children from prior relationships are the highest-stakes scenario in all of estate planning; they deserve a deliberately designed plan, not a default.
Divorce
Divorce automatically voids provisions in your will and trust in favor of your ex-spouse, and Florida law also voids most beneficiary designations naming an ex-spouse. But “most” is doing heavy lifting: ERISA-governed employer plans can still pay the ex on file, the automatic fixes don’t apply until the divorce is final, and your ex may still be named as your POA agent or health care surrogate in documents you forgot about. Update everything, immediately, and don’t rely on the statutes.
A New Child
Florida’s pretermitted child statute protects a child born or adopted after the will was signed with an intestate share — but “protection” means an outright inheritance at 18 with no trust, no guardian nomination tailored to the new family size, and no coordination with life insurance. Each new child should trigger a review of guardianship nominations, trust shares, and beneficiary designations.
Kids Turning 18
This trigger cuts the other way: it’s about their documents, not yours. The day your child turns 18, you lose the legal right to make medical decisions for them or even receive information from their doctors. Every Florida 18-year-old — especially one heading to college — should sign a health care surrogate designation, HIPAA release, and durable power of attorney. It is the least expensive legal work a family can do and the most often skipped.
Moving to Florida
Out-of-state documents are generally valid here if properly executed where signed — but “valid” is not “optimal.” Florida’s homestead rules may invalidate how your old will devises your new home. Your out-of-state power of attorney likely lacks Florida’s separately initialed “superpowers” and may meet resistance at Florida banks. A Florida “re-papering” is standard new-resident maintenance — and a good moment to capture Florida’s asset protection advantages.
The Other Triggers
- Death or incapacity of a named fiduciary or beneficiary.
- A significant change in assets — business sale, inheritance, real estate purchase (especially out of state).
- A beneficiary’s changed circumstances: disability, addiction, creditor trouble, divorce.
- Tax law changes — exemption levels move with politics.
- The calendar. Even with no event, review every three to five years.

