When a Miami family combines children from prior relationships, a current spouse, and shared property, an off-the-shelf will rarely does the job. Our practice focuses on estate planning for blended families and second marriages, where the goal is usually the same: take care of your new spouse without accidentally disinheriting the children you raised. Florida law has several rules that make this harder than couples expect, and a plan that ignores them often unravels at exactly the wrong moment.
Why Second Marriages Need a Different Plan
Imagine a husband who leaves everything to his second wife, trusting she will pass what remains to his kids from his first marriage. Under Florida law she is free to rewrite her own will, remarry, or spend the assets entirely. Nothing legally binds her to his children. We build structures that provide for a surviving spouse during life while preserving a defined share for the deceased spouse’s biological children, so neither side is left to rely on a promise.
Florida Rules That Surprise Blended Couples
Two Florida doctrines reshape almost every second-marriage plan. The first is the elective share under Florida Statutes section 732.2065, which entitles a surviving spouse to 30% of the elective estate regardless of what the will says. A spouse who agreed to a modest inheritance can still claim that 30%, pulling assets away from children, unless the right marital agreement is in place.
The second is Florida’s homestead protection. The Florida Constitution restricts how a homestead can be left when a person is survived by a spouse or minor child. A surviving spouse generally receives at minimum a life estate (or, by election, a one-half tenancy in common), with the remainder to the descendants. A second spouse and adult stepchildren can end up co-owning the family home, which is rarely what anyone intended.
Tools We Use Under Florida Law
Depending on your situation, a Florida-compliant plan may combine a revocable living trust under Chapter 736, a will executed per section 732.502, a durable power of attorney under Chapter 709, a designated health care surrogate, and beneficiary designations that are coordinated rather than contradictory. For couples who want to settle expectations in advance, a prenuptial or postnuptial agreement can waive or limit the elective share and homestead rights, removing the biggest sources of conflict before they arise.
What We Help Miami Families Accomplish
- Provide income and a home for a surviving spouse while protecting children’s inheritance
- Avoid probate disputes between stepchildren and a stepparent
- Keep a family business or pre-marriage property in the bloodline
- Address the elective share and homestead before they cause a fight
- Name fiduciaries who can stay neutral between two sides of a family
Serving Miami and South Florida
We work with clients across Miami-Dade, including Coral Gables, Doral, Brickell, and the surrounding communities. Whether you are entering a second marriage, already blending households, or updating a plan after a prior spouse passed, we translate Florida’s probate and trust rules into a plan your family can actually live with.
Consult a Florida Attorney
This page is general information, not legal advice. Estate planning for blended families turns on your specific assets, family history, and goals. Please consult a licensed Florida attorney before acting on anything described here.
For more on our Florida practice, see our overview of estate planning in Boca Raton. Morgan Legal Group's affiliated New York office also handles Article 81 guardianship in New York.