Death and Divorce Family Law Miami
Miami Family law attorneys at Filler Rodriguez, LLP are sometimes confronted with life and death questions. While a divorce is pending and one of the spouses dies, what happens? This is a family law Miami attorney question. The divorce case will be dismissed and the property will be divided pursuant to a will, trust or if none exists pursuant to the Florida laws of intestacy (without a will or trust).
Many times family law attorneys can draft prenuptial agreements in conjunction with wills and trusts to ensure that gifts that are intended to be given to other family members such as children by a prior marriage will be honored. It is important to note that without a prenuptial agreement, a spouse cannot completely disinherit another spouse in Florida. Therefore, if a person wants to get married and they want to ensure that upon their death the new spouse does not get any assets, the new spouse must waive their right to receive those assets.
Additionally if a spouse is ill during a divorce and does not want the other spouse to obtain assets that they otherwise would not obtain during the divorce, then it would be advisable to consult a family law Miami attorney to have the divorce bifurcated or split from the property issues. This is because absent a prenuptial if the parties are still married upon the death, the surviving spouse will be entitled to assets that they would not have received if the divorce had concluded.
These are complicated issues and it is important to consult with a family law Miami attorney to protect yourself and your family.
