When you remarry in Florida, your estate plan changes, whether you update it or not. The law steps in automatically if you don’t, and in blended families, that can mean your spouse gets more than you expected or your kids end up with less. It’s not about picking sides. It’s about making sure your wishes are clear before it’s too late.
Without a valid will, Florida’s intestate succession rules give your current spouse half of your probate estate, while your children from earlier relationships divide the other half. That might sound balanced, but it’s only part of the picture.
Your spouse can also claim an elective share, 30% of your “elective estate.” This number is bigger than your probate estate. It includes joint bank accounts, life insurance, retirement plans, and even some trust assets. That claim might pull from accounts you meant for your children.
The home you live in together can also complicate things. Florida’s homestead laws let your spouse stay there for life or take half the value. Even if you owned it before marriage, they may still get credit for appreciation or mortgage payments made while you were married.
One option that works well for many blended families is a Qualified Terminable Interest Property, or QTIP, trust. It lets your spouse draw income for life but keeps the main assets intact for your children after your spouse’s death. Other families might use a marital trust, or even give a spouse the right to live in the family home for the rest of their life.
Something that’s easy to overlook: beneficiary forms. Retirement accounts, life insurance, and payable-on-death accounts don’t follow your will. If an old form still lists an ex-spouse, they’ll get the money.
For some couples, a prenuptial agreement sets the ground rules early. Others would rather pass part of the kids’ inheritance while they’re alive, avoiding future arguments.
Estate planning for a second marriage is about keeping both promises: your spouse’s security and your children’s future. We help Florida families set up the right documents and transfer assets properly. Call 904-643-6342 or use our contact form to begin.
