(1) No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing party in the presence of two attesting witnesses. Such an agreement executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where the agreement was executed, whether or not the agreeing party is a Florida resident at the time of death.
(2) The execution of a joint will or mutual wills neither creates a presumption of a contract to make a will nor creates a presumption of a contract not to revoke the will or wills.
732.702 Waiver of spousal rights.—
(1) The rights of a surviving spouse to an elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative of an intestate estate or any of those rights, may be waived, wholly or partly, before or after marriage, by a written contract, agreement, or waiver, signed by the waiving party in the presence of two subscribing witnesses. The requirement of witnesses shall be applicable only to contracts, agreements, or waivers signed by Florida residents after the effective date of this law. Any contract, agreement, or waiver executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where it was executed, whether or not he or she is a Florida resident at the time of death. Unless the waiver provides to the contrary, a waiver of “all rights,” or equivalent language, in the property or estate of a present or prospective spouse, or a complete property settlement entered into after, or in anticipation of, separation, dissolution of marriage, or divorce, is a waiver of all rights to elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative of an intestate estate, by the waiving party in the property of the other and a renunciation by the waiving party of all benefits that would otherwise pass to the waiving party from the other by intestate succession or by the provisions of any will executed before the written contract, agreement, or waiver.
(2) Each spouse shall make a fair disclosure to the other of that spouse’s estate if the agreement, contract, or waiver is executed after marriage. No disclosure shall be required for an agreement, contract, or waiver executed before marriage.
(3) No consideration other than the execution of the agreement, contract, or waiver shall be necessary to its validity, whether executed before or after marriage.
732.703 Effect of divorce, dissolution, or invalidity of marriage on disposition of certain assets at death.—
(1) As used in this section, unless the context requires otherwise, the term:
(a) “Asset,” when not modified by other words or phrases, means an asset described in subsection (3), except as provided in paragraph (4)(j).
(b) “Beneficiary” means any person designated in a governing instrument to receive an interest in an asset upon the death of the decedent.
(c) “Death certificate” means a certified copy of a death certificate issued by an official or agency for the place where the decedent’s death occurred.
(d) “Employee benefit plan” means any funded or unfunded plan, program, or fund established by an employer to provide an employee’s beneficiaries with benefits that may be payable on the employee’s death.
(e) “Governing instrument” means any writing or contract governing the disposition of all or any part of an asset upon the death of the decedent.
(f) “Payor” means any person obligated to make payment of the decedent’s interest in an asset upon the death of the decedent, and any other person who is in control or possession of an asset.
(g) “Primary beneficiary” means a beneficiary designated under the governing instrument to receive an interest in an asset upon the death of the decedent who is not a secondary beneficiary. A person who receives an interest in the asset upon the death of the decedent due to the death of another beneficiary prior to the decedent’s death is also a primary beneficiary.
(h) “Secondary beneficiary” means a beneficiary designated under the governing instrument who will receive an interest in an asset if the designation of the primary beneficiary is revoked or otherwise cannot be given effect.
(2) A designation made by or on behalf of the decedent providing for the payment or transfer at death of an interest in an asset to or for the benefit of the decedent’s former spouse is void as of the time the decedent’s marriage was judicially dissolved or declared invalid by court order prior to the decedent’s death, if the designation was made prior to the dissolution or court order. The decedent’s interest in the asset shall pass as if the decedent’s former spouse predeceased the decedent. An individual retirement account described in s. 408 or s. 408A of the Internal Revenue Code of 1986, or an employee benefit plan, may not be treated as a trust for purposes of this section.
(3) Subsection (2) applies to the following assets in which a resident of this state has an interest at the time of the resident’s death:
(a) A life insurance policy, qualified annuity, or other similar tax-deferred contract held within an employee benefit plan.
(b) An employee benefit plan.
(c) An individual retirement account described in s. 408 or s. 408A of the Internal Revenue Code of 1986, including an individual retirement annuity described in s. 408(b) of the Internal Revenue Code of 1986.
(d) A payable-on-death account.
(e) A security or other account registered in a transfer-on-death form.
(f) A life insurance policy, annuity, or other similar contract that is not held within an employee benefit plan or a tax-qualified retirement account.
(4) Subsection (2) does not apply:
(a) To the extent that controlling federal law provides otherwise;
(b) If the governing instrument is signed by the decedent, or on behalf of the decedent, after the order of dissolution or order declaring the marriage invalid and such governing instrument expressly provides that benefits will be payable to the decedent’s former spouse;
(c) To the extent a will or trust governs the disposition of the assets and s. 732.507(2) or s. 736.1005 applies;
(d) If the order of dissolution or order declaring the marriage invalid requires that the decedent acquire or maintain the asset for the benefit of a former spouse or children of the marriage, payable upon the death of the decedent either outright or in trust, only if other assets of the decedent fulfilling such a requirement for the benefit of the former spouse or children of the marriage do not exist upon the death of the decedent;
(e) If, under the terms of the order of dissolution or order declaring the marriage invalid, the decedent could not have unilaterally terminated or modified the ownership of the asset, or its disposition upon the death of the decedent;
(f) If the designation of the decedent’s former spouse as a beneficiary is irrevocable under applicable law;
(g) If the instrument directing the disposition of the asset at death is governed by the laws of a state other than this state;
(h) To an asset held in two or more names as to which the death of one coowner vests ownership of the asset in the surviving coowner or coowners;
(i) If the decedent remarries the person whose interest would otherwise have been revoked under this section and the decedent and that person are married to one another at the time of the decedent’s death; or
(j) To state-administered retirement plans under chapter 121.
(5) In the case of an asset described in paragraph (3)(a), paragraph (3)(b), or paragraph (3)(c), unless payment or transfer would violate a court order directed to, and served as required by law on, the payor:
(a) If the governing instrument does not explicitly specify the relationship of the beneficiary to the decedent or if the governing instrument explicitly provides that the beneficiary is not the decedent’s spouse, the payor is not liable for making any payment on account of, or transferring any interest in, the asset to the beneficiary.
(b) As to any portion of the asset required by the governing instrument to be paid after the decedent’s death to a primary beneficiary explicitly designated in the governing instrument as the decedent’s spouse:
1. If the death certificate states that the decedent was married at the time of his or her death to that spouse, the payor is not liable for making a payment on account of, or for transferring an interest in, that portion of the asset to such primary beneficiary.
2. If the death certificate states that the decedent was not married at the time of his or her death, or if the death certificate states that the decedent was married to a person other than the spouse designated as the primary beneficiary at the time of his or her death, the payor is not liable for making a payment on account of, or for transferring an interest in, that portion of the asset to a secondary beneficiary under the governing instrument.
3. If the death certificate is silent as to the decedent’s marital status at the time of his or her death, the payor is not liable for making a payment on account of, or for transferring an interest in, that portion of the asset to the primary beneficiary upon delivery to the payor of an affidavit validly executed by the primary beneficiary in substantially the following form:
Before me, the undersigned authority, personally appeared (type or print Affiant’s name) (“Affiant”), who swore or affirmed that:
1. (Type or print name of Decedent) (“Decedent”) died on (type or print the date of the Decedent’s death) .
2. Affiant is a “primary beneficiary” as that term is defined in Section 732.703, Florida Statutes. Affiant and Decedent were married on (type or print the date of marriage) , and were legally married to one another on the date of the Decedent’s death.
Sworn to or affirmed before me by the affiant who is personally known to me or who has produced (state type of identification) as identification this day of (month) ,…(year)….
(Signature of Officer)
(Print, Type, or Stamp Commissioned name of Notary Public)
4. If the death certificate is silent as to the decedent’s marital status at the time of his or her death, the payor is not liable for making a payment on account of, or for transferring an interest in, that portion of the asset to the secondary beneficiary upon delivery to the payor of an affidavit validly executed by the secondary beneficiary affidavit in substantially the following form:
Before me, the undersigned authority, personally appeared (type or print Affiant’s name) (“Affiant”), who swore or affirmed that:
1. (Type or print name of Decedent) (“Decedent”) died on (type or print the date of the Decedent’s death) .
2. Affiant is a “secondary beneficiary” as that term is defined in Section 732.703, Florida Statutes. On the date of the Decedent’s death, the Decedent was not legally married to the spouse designated as the “primary beneficiary” as that term is defined in Section 732.703, Florida Statutes.
Sworn to or affirmed before me by the affiant who is personally known to me or who has produced (state type of identification) as identification this day of (month) , (year) .
(Signature of Officer)
(Print, Type, or Stamp Commissioned name of Notary Public)
(6) In the case of an asset described in paragraph (3)(d), paragraph (3)(e), or paragraph (3)(f), the payor is not liable for making any payment on account of, or transferring any interest in, the asset to any beneficiary.
(7) Subsections (5) and (6) apply notwithstanding the payor’s knowledge that the person to whom the asset is transferred is different from the person who would own the interest pursuant to subsection (2).
(8) This section does not affect the ownership of an interest in an asset as between the former spouse and any other person entitled to such interest by operation of this section, the rights of any purchaser for value of any such interest, the rights of any creditor of the former spouse or any other person entitled to such interest, or the rights and duties of any insurance company, financial institution, trustee, administrator, or other third party.
(9) This section applies to all designations made by or on behalf of decedents dying on or after July 1, 2012, regardless of when the designation was made.
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Best Estate planning Attorney in the Country. Always keeping up with the system to provide the best advice to their clients.
1716939229I wholeheartedly recommend Haimo Law! From the very beginning, Barry Haimo and the entire team demonstrated exceptional professionalism, deep knowledge of probate law, and a genuine commitment to guiding me through a challenging time.What I appreciated most was their ability to explain complex legal concepts in a way that was easy to understand. They were always available to answer questions, no matter how small, and their timely communication made me feel supported throughout the entire process.Their dedication and expertise truly set them apart. If you are looking for a trustworthy and skilled probate attorney, look no further than Haimo Law.Isabel Hernandez
1715634668Barry and his team were referred by my financial advisor. I trusted her recommendation as she had said he is an excellent estate planning lawyer and her clients have given her great feedback about their experience with him. I am very pleased to say that Barry did a wonderful job taking care of my family as well.Barry is very knowledgeable in his field and takes the time to share what you need to know when you meet with him. His website features many videos explaining in detail many different concepts and problems that can happen in the future. I found this really helpful to review to educate myself and have a better understanding. We were able to complete all the documents I required to complete my estate plan efficiently. I did many other documents as well to protect assets and create tools to have a better understanding for future generations to come.My adult children were involved in the planning as well. Barry and his team were very accommodating to all the family members who contributed to the process.Everything Barry and his team did was carefully done to prevent future problems. They are excellent communicators. We found that Barry is very proactive, letting us know if there are changes in the law communicating via email. I am very relieved that we were able to get this done and have peace of mind.
1713040990We learned of Haimo Law by word of mouth. Barry and his team has been super to work with through out this engagement. They are knowledgeable, prompt, professional, and caring about all our needs and concerns. Our knowledge was very limited in the perspective of setting up a trust. Barry and team patiently guided us through. Barry would give some examples of ways of establishing some distribution terms, from simplest, more comprehensive, to most comprehensive. It was much easier for us to customize them based on our own intentions.Now we have the peace of mind. Will definitely recommend Haimo law to our families and friends.
1710517043 1709937502 1707512936Haimo Law is extremely experienced at planning, wills, and trusts. They are creative and can anticipate hurtles that one might face when a loved one passes away.Didn't think we would need it for many years but very unexpectedly we were in contact with Barry and his team to handle the estate and trust we had set up. Everything was resolved in a timely fashion and Haimo Law handled everything compassionately and respectfully.
1706968031I highly recommend Barry Haimo and his team at Haimo Law to anyone seeking an experienced, knowledgeable and confident legal representation for estate planning, sale or purchase of a business or contract or tax law expertise. We interviewed several attorneys but chose Barry because of his legal knowledge, personality and negotiating and communication skills. He helped my wife and I negotiate the merger/sale of our family owned financial services business. He explained the entire process, told us in advance what was coming at every turn, but most importantly took us to an overwhelmingly successful conclusion! He knew the intricacies and nuances of the business sale process, contract drafting and review, along with the psychology of selling our very specific type of business. Barry is the Best!
1706246157I consider myself incredibly fortunate to have found an outstanding attorney in Barry Haimo, a professional who proved to be highly competent and well-versed. His commitment to going the extra mile for his clients, including myself, is truly commendable. I express my sincere gratitude for his exceptional assistance and unwavering patience.Reflecting on my legal journey, which began with a conveniently timed lawsuit from a former business partner, I can't help but acknowledge the emotional and traumatic impact it had on me and my family and 3 years of litigations. The attorney's office Barry Haimo Law, became a haven where empathy and understanding prevailed. Unbeknownst to him, I recognized him as "THE ONE" as soon as our video call meeting took place during the challenging times of Covid-19. He guided me through the unknown, instilling confidence and peace of mind with each hearing. His cleverness and deep legal knowledge were evident, always treating me with respect, dignity, honesty, care, and exceptional patience.It's challenging for me to encapsulate my profound gratitude for the Law Firm of Barry Haimo in a few lines. Over the course of three years filled with hard and excruciating personal challenges in my life, the only constant in my life was Mr. Barry Haimo. I could never have navigated it without him. I wholeheartedly recommend this exceptional professional to anyone in need of a lawyer of such caliber. To those reading my lines, entrust yourself and your family to these capable hands; the attorney possesses the humanity to serve you at his best.My satisfaction with the entire team at the Law Firm is beyond measure, and I will forever be grateful for having crossed paths with them. Mr. Barry's responsiveness, attention to detail, and consistent formulation of a legal strategy across another state was truly impressive. I wholeheartedly recommend him to anyone seeking counsel in litigation matters.Describing Barry Haimo, one can only use superlatives: fair, intelligent, and tirelessly dedicated to me as a client. He took charge of my complex case, providing unwavering support and invaluable advice, securing a favorable outcome even against a relentless, powerful and unreasonable opposing counsel. Barry's instrumental role in achieving a positive outcome is nothing short of remarkable, going above and beyond the call of duty.I vividly remember that the accusations against me were severe, and the odds stacked against me seemed overwhelming— I felt like I was at a mere 5%. On the contrary, opposing counsel was very confident of winning what they thought was an easy case. However, Barry, one hearing at a time, managed to turn the tables completely in my favor. Thanks to Barry's cleverness and his thorough understanding of every aspect of my case from A to Z, the odds shifted dramatically. I can't express my gratitude enough. I am now in a happy place, both mentally, emotionally, and spiritually.His consummate professionalism, timeliness, patience, and expertise in cases like mine were evident throughout. As a result of his diligent work, we not only prevailed but also successfully achieved all that was important to me.. I continue to rely on his services and have enthusiastically recommended him to family, friends, and colleagues.Barry's work consistently exceeded my expectations, and I was pleased to learn from person we know in common, who spoke highly of his reputation. In summary, I wholeheartedly endorse and express my deepest appreciation for this exceptional attorney and his remarkable team at the Law Firm Haimo Law.To: Barry Haimo,I want to express my deepest gratitude for your exceptional service. Your unwavering dedication and expertise throughout this journey have made a lasting impact on my life.Words cannot adequately express the depth of my gratitude for the exceptional legal support you provided.I truly appreciate your tireless efforts, which not only met but exceeded my expectations in securing a positive resolution.Erick Scribani
1703866577We have been using the Haimo Law firm for our wills and estate planning for the last few years. Barry and his firm have been a trusted resource that you can rely on for professional sound advice. They listen to your needs and concerns and help you come to final decisions that are not always easy to make. I highly recommend Haimo Law.
1699186149Barry and his team are very thorough. They really take time to understand your situation and explain the legal process in a way that makes you feel comfortable. Would highly recommend!
1697840937Great experience working with Haimo Law. Barry and his team helped us navigate the intricate workings of the law. Highly recommend.
1696292733 1685729552I was referred to Barry Haimo by another Estate Attorney for assistance with opening up Probate for my mother's Estate. My experience with the Haimo Team was exceptional. Barry is very responsive, and he is patient. He explained the process in terms that I could understand, and he took the time to make phone calls when he felt emails were not sufficient.While settling my mother's Estate, I engaged Barry to review my Living Trust. Barry recommended he amend and restate my Trust to avoid future issues that I was not aware of since I had recently relocated to Florida. My original Trust was formed out of state, so Barry made the necessary changes for the State of Florida.While getting to know me, Barry asked about my occupation. I explained that I was retired but was looking to start my own business. Barry then informed me that he also does Business Planning. I had no idea. As such, Barry set up my LLC, obtained my EIN, and filed the necessary documents with the State of Florida.My experience with Haimo Law was great! I initially engaged Barry for one task for my mother's Estate and ended up retaining him for two additional tasks for myself. I highly recommend Barry and Haimo Law for any of your Estate and Business Planning needs.
1685556076Barry was very knowledgeable of the law. Over a two year period (attributed by COVID) Barry and his team were very helpful and fully explained the process. In the end, there was a good outcome for the Estate and it’s beneficiaries. I’d recommend Barry to assist in the settling of Estate matters.
1681766816Barry and his team are truly exceptional at what they do. They are patient and very thorough. I’ve already recommended them to many friends and am fully confident with their services for myself but also my loved ones. I look forward to working with them for many years to come.
1678717453I trusted Haimo Law for my estate planning needs, and would recommend them to anyone is looking for the same. Barry provided great insights and unique perspectives to handling my estate planning, with things I would not have thought of like how my Trust would support if one of my children were to become an entrepreneur, making sure all of the checks were in place. His team is friendly and efficient, and I also appreciate the extra education that he provides on his website.
1677375831Barry Haimo is very thoughtful attorney who wants the best for you and your family. Barry was very thorough in the questions he asked to better understand my specific needs and took the time explaining my options for my Trust and Will so that I could make the best decisions. The services provided were highly professional and cordial. The Haimo Law team did an excellent job and are exceptionally knowledgeable firm. It was always easy to reach the staff and communication was always top notch. I will continue using Haimo Law because the expertise shown through out the process.
1675805093Barry and his team are very responsive professionals who provided us excellent advice.. We are so grateful that they help us with our state planning and, really, for the future for our kid. He is amazing and really take his time to explained every single line. We love working with them. Thank you guys for everything
1675353387I met Barry Haimo and the Haimo legal team through the passing of my brother who had chosen them to handle his estate. As the trustee of my brother’s family trust, I worked with the Haimo team very closely for over a year. I can say with no doubt that are extremely professional, they work like a well-run team, every detail of the process was done on time, within budget and they were able to make this difficult time in my family’s life feel much less burdensome.I was so impressed I then engaged the Haimo team to update my estate documentation and it was the same level of professionalism and results.With no reservations I highly recommend Barry and his team