At Florida Estate Planning Attorneys, we serve families across South Florida with a single guiding focus: protecting the surviving spouse. Too many plans look complete on paper yet leave a widow or widower facing an unexpected elective-share fight, a homestead question, or a probate they did not anticipate. We design plans so the person left behind is supported, not blindsided.
Why the Surviving Spouse Lens Matters in Florida
Florida gives a surviving spouse rights that cannot be quietly written away. Under the elective share statute, Florida Statutes section 732.2065, a surviving spouse may claim 30 percent of the deceased spouse’s elective estate, which reaches far beyond the probate estate to include certain trusts, jointly held assets, payable-on-death accounts, and lifetime transfers. Florida’s homestead protections also restrict how a primary residence can be devised when a spouse survives. A plan that ignores these rules can be partially undone after death.
How We Help
We counsel both spouses who want their plan to honor each other and spouses who have been left out of a plan and need to understand their options. Our work covers wills under Florida Statutes section 732.502, revocable and irrevocable trusts under Chapter 736, durable powers of attorney under Chapter 709, advance directives, and deed strategies such as the enhanced life estate, often called a Lady Bird deed.
Our Core Services
Each service page on this site is written for South Florida families thinking about the surviving spouse:
- Wills drafted to satisfy Florida execution formalities and to coordinate with spousal rights.
- Revocable living trusts that fund correctly and account for the elective estate.
- Florida probate guidance covering summary and formal administration under Chapters 731 through 735.
- Durable powers of attorney and advance directives so a spouse can act during incapacity.
- Elective share and homestead planning to prevent surprises for the surviving spouse.
What Sets Our Approach Apart
We map every plan against the elective estate before we finalize it. If a client intends to leave a spouse less than the statutory share, we discuss valid waivers and prenuptial or postnuptial agreements rather than leaving a gap that surfaces during grief. If a client wants to maximize support for a spouse, we coordinate beneficiary designations, joint titling, and trust funding so the intended result actually holds.
Serving South Florida
We work with families throughout Miami-Dade, Broward, and Palm Beach counties, including blended families, second marriages, and snowbirds who recently established Florida domicile. Florida residency changes how homestead and spousal rights apply, and we help newcomers align their documents with Florida law.
Talk With a Florida Attorney
Estate planning decisions about spousal rights, homestead, and the elective share depend on your specific assets, marriage, and goals. This page is general information, not legal advice. Please consult a licensed Florida attorney before acting so your plan reflects current law and your family’s situation.
For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles New York probate and estate administration.