Why Married Couples with Kids Need Thoughtful Estate Planning

The “Simple” Plan Isn’t Always Simple

When you’re married with children, it might seem obvious: if one spouse becomes incapacitated or dies, everything should pass to the surviving spouse, and then later to the children. But without clear legal planning, even “simple” intentions can get tangled in courts, cause family disputes, or lead to unintended outcomes.

Common Pitfalls for Families Without a Plan

• Probate Delays & Costs — Without a will or trust, assets may have to go through formal probate, which can take months or years and cost thousands in legal fees.
• State Default Rules — If there’s no valid plan, Florida law might apply intestacy rules that don’t reflect your wishes (especially if some assets are nonprobate).
• Overlooked Assets — Retirement accounts, life insurance, or jointly held property may not be coordinated with your will or trust, causing conflicts or wasted benefits.
• Guardianship Gaps — If both parents pass unexpectedly, there’s no legal guardian designated for minor children — the court will decide.

Key Tools for Protecting Your Family

Last Will & Testament — Names guardians for minor children, directs distribution, and appoints a personal representative (executor).

Revocable Living Trust — Keeps your estate out of probate and may allow smoother transitions of control.

Durable Power of Attorney — Lets someone you trust manage finances if you become incapacitated.

Health Care Directive / Medical Surrogate — Ensures your medical wishes are honored and someone can make decisions when you cannot.

Beneficiary Designations & Titling Review — Ensures that retirement accounts, insurance, and property titles are aligned with your plan.

Special Considerations

• Spousal Rights & Elective Share — In Florida, surviving spouses have certain protections, but a plan ensures wishes beyond default laws.
• Contingent Beneficiaries — If your spouse passes first, have secondary designations to protect children and avoid them getting skipped.
• Flexibility & Updates — Life changes: births, divorces, inheritance, or relocations. Your estate plan should adjust accordingly.

Getting Started in Florida

Begin with a Life & Legacy Planning Session — an inventory of your assets, family goals, and concerns. From there, your attorney can recommend the ideal structure (will-only, trust plan, or hybrid) tailored to your family. With guidance, you can build security and clarity so your children and spouse are protected — no matter what.