So, you've traded in your old license plate for a Florida one. Welcome to the Sunshine State!

 Beautiful weather, no state income tax… what's not to love?

Well, as an estate planning attorney in Florida, I know there's one crucial item often overlooked by new residents: updating your estate plan. While your old documents might have been perfectly fine in your previous state, Florida's unique laws, especially concerning homestead, elective share, and creditor protection, can drastically alter your intentions if you don't make the necessary adjustments. This is especially critical for blended families.

Why Florida Estate Planning is Different

Florida law offers some powerful protections, but they come with specific requirements. Ignoring these can lead to unintended consequences, particularly in blended families where the dynamics are more complex. Let's break down the key areas:

• Homestead: Florida's homestead laws are robust. They protect your primary residence from creditors and dictate how it can be passed on. Unlike many other states, Florida's homestead protections are enshrined in the state constitution. This means they are very strong. However, they also come with restrictions. For example, if you have a surviving spouse and lineal descendants (children or grandchildren), you can't freely devise your homestead in your will. There are specific rules about how it must pass, and these rules can significantly impact blended families. Imagine a scenario where you want your children from a previous marriage to inherit the family home. Without proper planning, your surviving spouse might have significant rights to the property, potentially leaving your children with a much smaller share than intended, or even none at all.

• Elective Share: Florida's elective share gives a surviving spouse the right to claim a portion of the deceased spouse's estate, even if they were disinherited in the will. This is designed to protect spouses from being left destitute. The elective share is a complex calculation, and it includes not just probate assets, but also certain non-probate assets. In a blended family, this can create tension and unintended consequences. For example, assets you intended to pass solely to your children from a prior relationship could be subject to the elective share, reducing their inheritance.

• Creditor Protection: Florida's homestead laws also provide significant protection from creditors. However, these protections are not absolute. Proper planning is essential to maximize these benefits. In blended families, pre-existing debts or liabilities can further complicate matters. It's crucial to understand how these debts might impact your homestead and other assets, and how to structure your estate to protect your loved ones.

Blended Families: The Stakes are Higher

Blended families present unique estate planning challenges. Often, there's a desire to provide for a surviving spouse while also ensuring that children from previous relationships are adequately cared for. Florida's laws, if not properly navigated, can create conflicts with these goals. Here are some common scenarios where updating your estate plan is essential:

• Unequal Inheritance: You want to leave a larger share of your estate to your children from a previous marriage.
• Protecting Assets: You want to shield certain assets from your spouse or their children.
• Avoiding Conflict: You want to minimize the potential for disputes among family members after your death.

Don't Wait! Take Action Now

Moving to Florida is a great time to review and update your estate plan. Don't assume your old documents are sufficient. Schedule a consultation with your Florida estate planning attorney in Volusia, Seminole and Orange County, including DeLand, Deltona, DeBary, Orange City, Enterprise, Pierson, Lake Mary, Sanford, Altamonte Springs, Longwood, Winter Park, Sorrento, Mount Dora.

We can help you understand the nuances of Florida law and create a plan that reflects your wishes, protects your family, and minimizes potential conflict. Don't leave these crucial decisions to chance. Protect your loved ones and your legacy by taking action today. Contact our office using our contact form or call us at 407-679-3111