Yours, Mine & Ours: Estate Planning for Modern Florida Families
Blended families are becoming the new normal. Whether it’s a second marriage later in life or a household where step-children and half-siblings are growing up together, these “modern families” bring love and connection—but also complexity when it comes to estate planning.
In Florida, the law has unique protections for surviving spouses and children that can unintentionally create conflict if you don’t plan ahead. Without careful structuring, what you intend to be a fair and balanced plan may not play out that way—leaving loved ones caught in the middle.
Why Florida Makes Things Tricky
Florida’s default rules are designed to protect spouses, but they don’t always align with blended family dynamics:
- ⚖️ Elective Share (30%) – A surviving spouse is automatically entitled to 30% of the estate, even if your will says otherwise.
- 🏡 Homestead Property – A surviving spouse is guaranteed certain rights to the family home, often creating tension with adult children from prior marriages.
These rules can derail even the best intentions. For example, leaving everything outright to your new spouse might seem simple—but it could unintentionally disinherit your children if your spouse later changes their plan or passes assets to their own heirs.
Common Pitfalls in Blended Families
Here are a few scenarios we see often:
• 📜 Leaving “everything to my spouse,” assuming they’ll later provide for your kids.
• 🔗 Titling assets jointly when you meant to keep them separate.
• 📝 Forgetting to update beneficiary designations on retirement accounts or life insurance.
Each of these mistakes can spark costly disputes between step-parents and children.
Tools to Keep the Peace
The good news is that thoughtful planning can protect everyone involved:
• 🗂️ Revocable Living Trusts – Provide for your spouse during their lifetime while ensuring children ultimately inherit.
• 🤝 Prenuptial or Postnuptial Agreements – Clarify inheritance rights and avoid surprises.
• 💵 Life Insurance – A way to balance inheritances between spouse and children.
• 🏠 Homestead Planning – Using trusts or other tools to avoid unintended results under Florida’s strict homestead laws.
The Takeaway
Estate planning for blended families isn’t about choosing one side over another—it’s about making sure your wishes are clear and legally enforceable. With the right plan, you can reduce tension, protect your spouse, and preserve your children’s inheritance.
If you’re navigating a second marriage, step-children, or complex family dynamics, now is the time to put a plan in place. A Florida estate planning attorney can help you avoid the traps and create peace of mind for the whole family. Kurtz Law is here to help.