Spousal Estrangement Makes Probate a Mess

In addition to being home to a vast array of terrifying reptile species, native and introduced, Florida is also the site of epic divorce battles.  Real estate tycoon divorces seem to be the worst.  Who can forget Burt and Lovey Handelsman, who spent 50 years in wedded bliss, buying up prime real estate in Palm Beach County, only for it to fall apart spectacularly once they entered their tenth decade of life.  These days, Florida news headlines are teeming with details about the case of real estate developer Sergio Pino and his estranged wife Tatiana.  After Tatiana filed for divorce, Sergio allegedly plotted to have Tatiana murdered, although the attack he allegedly planned never occurred.  Several weeks ago, Sergio died by suicide while under investigation for the murder for  hire plot.  Meanwhile, Sergio’s brother Carlos opened Sergio’s estate for probate.  The legal disputes related to Sergio Pino’s estate will likely go on for years and would have been plenty complicated even if it had not been for the alleged murder conspiracy.  Probate cases where the decedent was estranged from his or her spouse are always complicated.  If you are the personal representative of the estate of someone who was going through a divorce at the time of his or her death, contact a Dade City probate lawyer.

Even If You Change Your Will When You File for Divorce, Your Estranged Spouse Might Still Put Up a Fight in Probate Court

Divorce filings are meaningless in probate court.  Couples are legally married until the moment the family court finalized their divorce.  Therefore, if one spouse dies while the couple’s divorce is pending, probate laws treat the matter as an intact marriage.  The provisions in the decedent’s will that pertain to the decedent’s spouse still apply, and the surviving spouse still has the right to claim an elective share of the estate.  Any property that you and your spouse owned jointly automatically goes to your spouse and does not become part of the estate.

The spouse can still inherit even if you disinherit so again, not sure what you are doing here?

Contact a Florida Estate Planning Attorney About Probate Cases

A probate attorney can help you administer the will of someone who was going through a divorce.  Contact The Law Office of Laurie R. Chane in Dade City, Florida to discuss your case.

Source:

nbcmiami.com/investigations/sergio-pinos-insane-delusion-invalidates-his-will-his-widow-claims/3388365/