What Can We Learn From John Wayne? Estate Planning Lessons for Florida Families

Well, folks, let me tell ya, when the curtain fell on the life of that legendary actor, John Wayne, in 1979, he left behind a whole heap of kinfolk—seven kids, two ex-wives, and one estranged spouse—along with an estate worth $6.8 million.

The Duke of Cool intended to disinherit his third wife, Pilar, in his final will, stating:

I am married to Pilar Wayne, but she and I are separated, and for this reason, I intentionally make no provision in this will for her.

Now, since his estate was probated in the land of California, that written exclusion held up, and Pilar was left out in the cold.

But let me tell ya, if Wayne had been a Floridian, things might’ve turned out a whole lot different, thanks to the laws of the Sunshine State.

So, What Can We Learn from Hollywood’s Favorite Cowboy?

We could talk ’til the cows come home about how a separation impacts an estate plan in Florida. In our neck of the woods, a “surviving spouse” is someone who’s legally hitched to the deceased at the time of their passing.

Even if they’re:

• Separated, or
  
• In the midst of a divorce,
  

Florida law sees ’em as still married.

Marriage in Florida is like a light switch, folks—either it’s on or off.

There are no gray areas of:

• “Legally separated”
  
• “Common law marriage”
  

You’re either married or not.

Why Separation Doesn’t End Spousal Rights in Florida

For this reason, in Florida, just:

• Livin’ apart, or
  
• Filing for a divorce
  

…doesn’t end a spouse’s right to inherit from their partner’s estate.

In a nutshell:
Separation doesn’t cut off spousal inheritance rights.

Even if a will or trust says otherwise, it doesn’t change a thing unless the spouse waives those rights outright.

And remember:

A divorce has to be finalized for any spousal provisions in a will or trust to be voided.

Final Takeaway

So there you have it, partners.

We learn that where you hang your hat makes a big difference in how estate planning views a separation.

And even if you’re the ruler of the Wild West, remember—here in Florida, it’s the State law that calls the shots!