Blended families are common across Florida, yet the state’s probate rules can quietly undo what you assume your will accomplishes. The biggest danger is the gap between your intentions and how Florida law actually distributes property. Below are the mistakes that most often blindside remarried Floridians with children from prior relationships.
Mistake 1: Assuming Your Will Controls the Homestead
Florida’s homestead protection under Article X, Section 4 of the state constitution overrides your will. If you are married and have a minor child, you cannot freely devise your homestead. Even with adult children, a surviving spouse receives at least a life estate (or a one-half tenancy in common if elected) regardless of what your will says. Many blended-family wills that try to leave the Florida home outright to children are partially void, creating shared ownership between a stepparent and stepchildren who may not get along.
Mistake 2: Forgetting the Elective Share
You cannot accidentally disinherit a spouse in Florida. Under Sections 732.2065 and following, a surviving spouse may claim an elective share equal to 30% of the elective estate, which includes far more than probate assets, such as certain trusts, joint accounts, and payable-on-death designations. A first-marriage child counting on the bulk of a parent’s estate can be surprised when the new spouse elects. A properly drafted and signed prenuptial or postnuptial waiver is the usual fix.
Mistake 3: Relying on the New Spouse to “Do the Right Thing”
Leaving everything to your spouse with a verbal understanding that they will later pass assets to your children almost never works. After your death, the spouse can rewrite their own will and leave your former assets to their own bloodline. A revocable trust under Chapter 736 lets you provide for a surviving spouse during life while locking in that the remainder passes to your children. This is the single most useful tool for blended families.
Mistake 4: Stale Beneficiary Designations
Life insurance, IRAs, and brokerage accounts pass by beneficiary form, not by your will. Floridians who remarry often forget to update these, leaving an ex-spouse named or omitting a current spouse and children. Review every designation after any marriage, divorce, or birth.
Mistake 5: Ignoring Probate Friction
When ownership is divided among a stepparent and stepchildren, formal administration under Chapter 733 can turn into contested litigation. Coordinating titling, a revocable trust, and clear durable powers of attorney under Chapter 709 reduces the chance that grief turns into a courtroom fight. Florida has no state estate or inheritance tax, so the planning focus is structure and family harmony, not tax avoidance.
A Plan Built for Two Families
Blended-family planning is about sequencing: care for your spouse, then preserve an inheritance for your children, while respecting Florida’s homestead and elective-share rules. Generic online documents rarely account for these interactions.
This article is general information, not legal advice. Florida homestead and elective-share law is fact-specific, so consult a licensed Florida estate planning attorney before finalizing your plan.
