Estate Planning for Blended Families and Second Marriages in Palm Beach, Florida
Remarriage changes everything about an estate plan. When a Palm Beach couple brings children from prior relationships into a new marriage, the simple “everything to my spouse” approach can quietly disinherit the very children each spouse meant to protect. Florida law adds its own twists, including spousal rights that override a will and homestead rules that can trump your stated wishes. We focus our planning on these exact tensions.
Why Blended Families Need a Different Plan
In a first marriage, leaving everything to a surviving spouse usually works because the children are shared. In a second marriage, the survivor controls all the assets and may later leave them to their own children, their next spouse, or a new charity, with no obligation to the stepchildren. Florida does not impose any automatic protection for children of a prior marriage. A plan built around trusts, beneficiary designations, and clear documents is how you balance providing for a current spouse while preserving an inheritance for your own kids.
Florida Rules That Catch Remarried Couples Off Guard
Several provisions of the Florida Probate Code (Chapters 731 through 735) and the Florida Constitution shape what a remarried spouse can and cannot do:
- Elective share: A surviving spouse may claim roughly 30% of the elective estate under Florida Statutes section 732.2065 and following, even if the will leaves them less. This right can defeat a plan that tried to direct assets to children.
- Homestead: Article X, section 4 of the Florida Constitution restricts how a homestead residence can be devised when there is a surviving spouse or minor child. You generally cannot simply leave the Palm Beach home to your children if a spouse survives you.
- No state death tax: Florida imposes no estate tax and no inheritance tax, so planning here centers on family fairness and probate avoidance, not state taxes.
The Tools We Use
We build plans using Florida-compliant wills, revocable living trusts under Chapter 736, durable powers of attorney under Chapter 709, advance directives, and, where appropriate, Lady Bird (enhanced life estate) deeds. A common structure for second marriages is a trust that supports the surviving spouse for life, then passes the remaining assets to the children of the first-to-die spouse. Marital agreements that waive or define spousal rights are often part of the package.
Serving Palm Beach Families
From oceanfront condos to family homes west of the Intracoastal, Palm Beach estates often combine real property, retirement accounts, and assets from prior marriages. Each category passes differently, and beneficiary forms frequently contradict the will. We review the whole picture so the plan actually works the way you intend.
This page is general information about Florida law and is not individualized legal advice. Every blended-family situation is different. Please consult a licensed Florida attorney before acting on anything described here.
For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles how a will is contested in New York.