Wills for Second Marriages

A will is the foundation of most estate plans, but for couples in a second marriage it carries special weight. The same document that provides for your new spouse must also honor commitments to children from an earlier relationship. In South Florida’s blended families, a generic will often does the opposite of what you intended. We draft Florida wills that name those competing priorities openly and resolve them on your terms.

What Florida Requires for a Valid Will

Under section 732.502, a Florida will must be in writing, signed by the testator at the end, and signed by two witnesses who are present together and observe the testator sign or acknowledge the will. We also recommend a self-proving affidavit under section 732.503, which lets the will be admitted to probate without tracking down witnesses years later. Florida does not recognize handwritten (holographic) wills that lack proper witnessing, even if valid in another state.

The Risk of the “I Love You” Will

Many second-marriage couples sign mirror wills leaving everything to each other, then to all the children. The problem is that nothing binds the survivor. After the first spouse dies, the survivor can rewrite the will and redirect assets to their own children, unintentionally disinheriting the stepchildren. We discuss this candidly and, where appropriate, use trusts or contractual will provisions to lock in the agreed plan.

Coordinating With the Elective Share

A will cannot override a spouse’s elective share. Florida guarantees a surviving spouse 30 percent of the elective estate under section 732.2065 unless that right is waived. If your will leaves your spouse less, the spouse may elect against the estate, reshuffling what your children receive. We coordinate your will with any prenuptial or postnuptial waiver so the document you sign is the document that controls.

Homestead and Your Will

Your homestead may not pass under your will the way you expect. If you are survived by a spouse or minor child, Florida’s constitution restricts how the homestead can be devised. A specific bequest of the home to your children from a first marriage can be invalid, with the surviving spouse instead taking a life estate or electing a half interest. We flag homestead issues early so your will and your deed tell a consistent story.

Naming Guardians and Personal Representatives

A will is also where you nominate a personal representative to administer your estate and, if you have minor children, a guardian. In blended families, choosing a neutral or professional personal representative can prevent conflict between a stepparent and adult stepchildren. We help you weigh those choices realistically.

Consult a Florida Attorney

The interplay of will formalities, homestead, and the elective share is unforgiving of small mistakes. This overview is general information only and not legal advice. Before signing or relying on any will, consult a licensed Florida attorney who can tailor the document to your blended family and confirm it meets current Florida law.