Newly Married? Why Updating Your Estate Plan Should Be on the Checklist

Amid the excitement of planning a wedding—flowers, cake tastings, and honeymoon destinations—it’s easy to overlook estate planning. But once you’re married, reviewing and updating your estate plan is a key step toward protecting your new life together.

While it might not be the most glamorous item on your checklist, updating your will and related documents is a smart, responsible move—and one that can prevent confusion, conflict, and legal challenges down the road.

Why Estate Planning Matters After Marriage

Many people assume that after marriage, their spouse will automatically inherit everything. But Florida law doesn’t always work that way. While there are protections in place for surviving spouses, those protections may not reflect your exact wishes.

Here are a few reasons why it’s important to update your estate plan after marriage:

1. Spousal Rights Under Florida Law

Under Florida Statute §732.201, a surviving spouse has the right to claim an elective share, which is 30% of the deceased spouse’s elective estate. This is true even if the will says otherwise. If your estate plan was created before your relationship—or if you want your spouse to receive more than 30%—your plan should be updated to reflect your current wishes.

2. Choosing the Right Personal Representative

Florida law gives preference to the surviving spouse to serve as Personal Representative (executor) when there is no one named, per Florida Statute §733.301. If your current documents name a parent or friend to serve in that role, you may want to consider naming your new spouse or updating your successor choices.

3. Joint Property and Tenancy by the Entireties

In Florida, married couples can own property as tenants by the entireties, which provides survivorship rights. This means the surviving spouse automatically inherits the jointly owned property. However, this only applies to assets that are correctly titled. Individually held property will pass according to your will—or by intestate succession if no will is in place.

4. Florida Homestead Law

Florida’s homestead laws (under Fla. Const. art. X, §4 and Fla. Stat. §732.401) protect a surviving spouse’s interest in the primary residence. If the home is not jointly owned, a surviving spouse may receive a life estate in the property or choose to take a one-half interest as a tenant in common. Without proper planning, these rules can lead to unintended results or even family disputes.

5. Distribution of Other Assets

Florida’s intestacy laws (Fla. Stat. §732.102 – §732.103) govern how assets are distributed when someone dies without a will. If one spouse dies and leaves behind children from another relationship, the surviving spouse may not inherit everything. Having a will ensures that your assets are distributed exactly as you intend.

6. Planning for the Unexpected

Estate planning is about more than just distributing assets. Powers of attorney, health care directives, and living wills help ensure your spouse can act on your behalf in an emergency. Without these documents, decisions may be delayed or made by someone else entirely.

Getting Married? Here’s What to Review:

• Will: Update to reflect your new marital status and include your spouse.

• Trusts: Adjust beneficiaries and trustees as needed.

• Powers of Attorney: Appoint your spouse (or another trusted person) to handle financial and medical decisions.

• Beneficiary Designations: Update retirement accounts, life insurance, and other payable-on-death assets.

• Homestead Planning: Ensure your home’s title reflects your estate planning goals.
  

Start Marriage on Solid Legal Ground

Marriage marks the start of a new chapter. Make sure your estate plan reflects your new priorities and protects both you and your spouse.

At The Soto Law Office, P.A., we help newlyweds across Florida create and update estate plans that provide clarity and peace of mind. If you’re recently married or planning your wedding, now is the perfect time to get your legal affairs in order.

Call us at (321) 972-2279  Visit us online at www.TheSotoLawOffice.com

We’ll help you check “estate planning” off your list—so you can focus on enjoying your new life together.