Florida Wills for Second Marriages and Blended Families

A will is the foundation of most estate plans, but in a blended family it carries hidden risks if it is not drafted with second-marriage dynamics in mind. A do-it-yourself will that simply leaves everything to a new spouse can permanently cut out children from a prior marriage. Our Boca Raton attorneys draft Florida wills that balance the needs of a surviving spouse with the inheritance you want to preserve for your own children.

How a Will Must Be Executed in Florida

Under Florida Statutes section 732.502, a valid will must be signed by the testator at the end, in the presence of two witnesses, who must then sign in the presence of the testator and of each other. To make the will self-proving, so the court can admit it without locating witnesses years later, the testator and witnesses sign an affidavit before a notary public. Self-proving execution is especially valuable in blended families, where a disgruntled stepchild or spouse may be tempted to contest the document.

Spousal Rights a Will Cannot Override

A Florida will does not have the final word over everything. A surviving spouse may claim an elective share of approximately 30% of the elective estate under section 732.2065 and following, regardless of what the will says, unless that right was waived in a valid prenuptial or postnuptial agreement. Homestead property is also subject to constitutional restrictions: if you are survived by a spouse, you generally cannot devise your homestead freely to your children. We design wills that account for these rules instead of being silently overridden by them.

Choosing a Personal Representative

The personal representative (Florida’s term for an executor) administers your estate. In a blended family, naming your new spouse to manage assets your children will inherit, or naming one child over another, can ignite conflict. We help you select a neutral or well-suited representative and build in clear instructions to reduce friction during administration.

Guardianship and Minor Children

If you have minor children from a prior relationship, your will is where you nominate a guardian. This is a sensitive decision when a stepparent is involved, and Florida courts ultimately decide based on the child’s best interests. Coordinating guardianship with the surviving biological parent’s rights is essential.

When a Will Is Not Enough

A will alone still passes through probate and does not control assets with beneficiary designations, such as retirement accounts and life insurance. For many Boca Raton blended families, a revocable living trust paired with a will provides better control and privacy. The right mix depends on your assets and family structure.

Talk to a Florida Will Attorney

This information is general and not legal advice. Florida will requirements are strict, and small drafting errors can defeat your intentions. We encourage you to consult a Florida-licensed attorney who can prepare a will that reflects both your marriage and your obligations to your children.