How does Florida law change a second-marriage estate plan?

The elective share

A surviving spouse may elect to take 30 percent of the elective estate, which reaches well beyond the probate estate, including revocable trust assets and many transfers that pass outside a will. A plan that leaves everything to your own children can be partly undone by that election.

Homestead and the pretermitted spouse

If you are survived by a spouse, a gift of your Florida home to anyone else generally fails. And a will signed before the marriage that makes no provision for the new spouse can entitle that spouse to the share they would have received if you had died without a will.

Waivers

Spouses can waive elective share and homestead rights. A waiver signed after the marriage requires fair disclosure. Agreements signed in another state may be enforceable here, but they have to be read against Florida's requirements.

How we Floridize it

We identify which children belong to which spouse, review every beneficiary designation, and recommend a structure that supports the survivor and still reaches each spouse's own children, usually a joint trust with a marital trust for the survivor, or separate trusts where the goals call for it.

Common questions

Can I leave everything to my children from my first marriage?

Your spouse may have elective share and homestead rights unless they were validly waived. That plan needs a careful look in Florida.