Gordon v. Fishman

Gordon v. Fishman, 253 So.3d 1218 (Fla. 2d DCA 2018)

Under current Florida law, the provisions of a decedent's will that impact the former spouse of that person become void upon divorce. But what happens when the decedent's will is prepared before the marriage (which ultimately ended in divorce)?  Here, the Court found that the language of F.S. 732.507(2) unambiguously requires that the person be married at the time of executing the will. Thus, a will executed before the marriage, leaving assets to the decedent's then-fiance, who he subsequently married and then divorced, are not subject to F.S. 732.507(2). 

F.S. 732.507(2) reads as follows:

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. (Emphasis added)
The Court held that the language of F.S. 732.507(2) is unambiguous in that it only governs wills executed by a married testator. It was not persuaded by the argument that allowing the former spouse to take, simply because the decedent was not married when he wrote his will, would be an unreasonable disregard of legislative intent. 

Comments

  1. All information you included on your blog that's really commendable. All things are very useful divorce in utah. I hope you keep sharing your knowledgeable information with all of us.

    ReplyDelete
  2. You wrote this post very carefully.New Orleans criminal lawyer The amount of information is stunning and also a gainful article for us. Keep sharing this kind of articles, Thank you.

    ReplyDelete
  3. I read the above article and I got some different kind of information from your article about a mattress. It is a helpful article to enhance our knowledge for us. Thankful to you for sharing an article like this.divorce attorney beaufort sc

    ReplyDelete
  4. Thank you for sharing with us such a great blog. I would like to share my experience with you as well. Real Estate services Greensburg

    ReplyDelete
  5. You have given great content here.Divorce Lawyer Chalmette I am glad to discover this post as I found lots of valuable data in your article. Thanks for sharing an article like this.

    ReplyDelete
  6. The article you've shared here is fantastic because it provides a wealth of information that will be incredibly beneficial to me. Thank you for sharing about Child custody lawyer Houston Continue to post.

    ReplyDelete
  7. This article provided me with a lot of useful information. The material you presented during this post provided me with some excellent information. Continue to post. child support attorney houston tx

    ReplyDelete

Post a Comment

Popular posts from this blog

Malleiro v. Mori, Mori and Corallo

Goodstein v. Goodstein

Cantero v. Estate of Caswell