Category: Estate Planning & ...

Florida law protects surviving spouses from being disinherited. Even if a will leaves everything to the decedent’s children or a charity, the surviving spouse can take an “elective share” of the estate. 

The elective share is now at 30 percent of the deceased’s elective estate, which includes probate assets, as well as many non-probate assets, such as property held in a revocable trust, cash value of life insurance policies, joint accounts, and certain gifts made within a year of death. 

This broad definition means that spouses may claim a portion of assets that would otherwise pass outside of probate.

Who Can Elect and When

The surviving spouse must formally elect to take this share. Under Florida law, the election must be filed within six months of receiving the notice of administration of the estate or two years after death, whichever comes first. 

Failing to file by the deadline waives the right. Because the elective share may be more than what a spouse would otherwise receive under a will, it’s an important safeguard against intentional or accidental disinheritance.

How the Share Is Calculated

Florida’s elective share statute differs from common‑law dower laws because it looks at the elective estate rather than the probate estate. The elective estate includes assets in trusts, jointly held property, payable‑on‑death accounts, and certain property transferred shortly before death. 

When calculating the 30 percent share, the executor must value these assets and account for any gifts or property distributions the surviving spouse already received. If the estate lacks liquid funds, property may need to be sold to satisfy the elective share.

Practical Considerations

For couples in second marriages or with blended families, it is important to talk about the elective share. A well-drafted prenuptial agreement can waive elective share rights, but waivers must be in writing. 

At the Law Office of Wickersham & Bowers in Daytona Beach, we offer personalized estate planning services that reflect your goals and relationships. If you are creating or revising a will or have questions about the elective share after a loved one passes, our experienced team can guide you through the process. 

Call us at 386-252-3000 or complete our intake form to schedule a consultation.

When Congress doubled the federal estate and gift tax exemption in 2017, many families gained a rare planning window. That exemption, however, is scheduled to fall by half on January 1, 2026. 

For high-net-worth couples in Florida, the next two years may be the last chance to shelter millions of dollars from future estate taxes. One of the most flexible tools available is the Spousal Lifetime Access Trust (SLAT), but it comes with technical traps that must be avoided.

What a SLAT Does for Couples

A SLAT allows one spouse to transfer assets into an irrevocable trust for the benefit of the other spouse and, usually, their children. The assets and their future growth are removed from the donor spouse’s taxable estate. 

At the same time, the couple can still enjoy indirect access to the wealth through the beneficiary spouse. When designed correctly, this structure preserves today’s high exemption while providing a safety net for the family.

The Reciprocal Trust Doctrine Risk

Couples often try to “match” each other by creating two SLATs, one in each direction. If the trusts look too similar, though, the IRS may apply the reciprocal trust doctrine. Under this rule, the government can treat each spouse as if they had set up a trust for themselves, pulling the assets back into their estates. 

To reduce this risk, the two SLATs must differ in various ways, including: 

• Appointing different trustees
• Using different distribution standards
• Funding them at different times
• Giving different family members priority as beneficiaries

Gift-Splitting and Other Hidden Pitfalls

Another issue arises when couples attempt to split gifts to maximize their exemptions. Federal law allows spouses to “split” a gift to third parties, but not to each other. If the beneficiary spouse holds withdrawal rights or a power of appointment, the IRS may disallow gift-splitting entirely. 

For families in Florida, additional rules matter as well. State law restricts how homestead property can be moved into a trust without spousal consent, and the elective share statute still protects a surviving spouse’s minimum interest.

How to Protect Your Options Before 2026

At The Law Office of Wickersham & Bowers, we guide Florida families through advanced estate planning tools like SLATs and help avoid costly mistakes. If you are considering major gifts before the 2026 sunset, call us at 386-252-3000 to schedule a consultation and secure your family’s future.

Most people assume a “fair” inheritance means an equal split. Families in Florida, especially blended ones, often face situations where equal just isn’t right. For example, you could have a child who has been your caregiver for years. Or maybe you have a stepchild you consider your own, even though the law says otherwise. In such a case, rather than playing favorites, you need to ensure your plan fits the people in your life.

When Fair and Equal Don’t Match

You might have one child with a disability who will need lifelong support, while another is financially secure and debt-free. In those cases, leaving the same amount to both might actually feel unfair. 

Florida law gives you the freedom to divide assets however you want, as long as it’s in a valid will or trust. The tricky part is making sure the decision is clear enough to hold up in court and to your family.

Put It in Writing (and Make It Strong)

If you don’t put it in writing, Florida’s intestacy rules take over. That usually means equal shares to genetic and adopted children, and nothing for stepchildren unless they were adopted. That’s fine if it’s what you want. 

However, if it’s not, you need documents that spell it out. A trust can even control how and when someone gets their share. That can protect against waste, bad spending habits, or creditors.

Don’t Split the Unsplittable

A house, a small business, or even a valuable piece of land are things you can’t cut into equal pieces without a fight. Giving such an asset to one heir and balancing the others with cash or other property is often the cleaner route. 

Some families use buy-sell agreements or a right of first refusal so one person can buy out the rest at a fair price. That’s less emotional than fighting over a kitchen table.

Start the Conversation Early

Unequal inheritances tend to go over better when they don’t come as a surprise. You don’t have to give every detail, but you need to set expectations to prevent hurt feelings later. If the talk feels tense, bring in a lawyer or mediator to keep things on track.

If you’re thinking about an unequal inheritance, the Law Office of Wickersham & Bowers can help you structure it so it meets your goals and reduces the risk of conflict. Call us at (386) 252-3000 to get started.

Many families in Florida face a difficult question when planning their estate: How do you protect an inheritance from harming a loved one who struggles with addiction or heavy debt? A large sum of money can worsen risky behavior or quickly vanish to creditors. Rather than disinheriting these heirs or ignoring the problem, there are practical ways to support them and secure your family’s future.

Using Trusts to Guide and Protect

A standard will often hands over assets without limits, which can be dangerous for certain heirs. A trust, however, provides structure and oversight. 

A spendthrift trust protects assets from creditors and prevents an heir from recklessly spending a full inheritance. An incentive trust can go a step further by linking access to positive steps, such as maintaining sobriety or attending job training. 

These tools allow you to shape support around the heir’s needs without leaving them completely on their own.

The Importance of a Strong Trustee

Choosing the right trustee is critical. This person or institution oversees distributions and enforces the rules you set. 

In Florida, trustees have strong legal backing when they act within the terms of the trust. A professional trustee can manage funds objectively, avoiding family tension that often arises when a relative is in charge. 

Trustees can also direct payments straight to treatment providers or cover living expenses instead of handing money to the heir. In some cases, they can require health updates, drug testing, or financial reports before making distributions. 

Practical Ways to Support Troubled Beneficiaries

Trusts can include detailed steps to guide an heir through recovery or debt repayment. For example, distributions may increase as an heir shows steady progress, like completing a treatment program or maintaining stable housing. In periods of relapse or financial crisis, a trust might limit payments to essentials such as rent and medical care. Working with addiction counselors or financial coaches as part of the plan can also improve long-term outcomes.

We Help Florida Families Build Thoughtful Solutions

At The Law Office of Wickersham & Bowers, we work with families to create trusts that respect each heir’s challenges while protecting family assets. We understand that each situation calls for careful, personal planning. If you are considering ways to support a loved one facing addiction or serious debt, we invite you to contact us. We help clients design thoughtful, protective strategies that honor both their wishes and their family’s future.

Paying for long-term care is a challenge many families face. Nursing home costs continue to rise, and without planning, these expenses can wipe out a lifetime of savings. Medicaid can cover care, but qualifying means you must meet strict income and asset rules. Fortunately, there are legal ways to protect what you have worked hard to earn.

How Medicaid Rules Affect Your Assets

Florida limits how much a person can own and still receive Medicaid. For individuals, countable assets must stay below $2,000. For married couples, the spouse who is not applying, called the community spouse, can keep up to $157,920. Even with these allowances, most people will still need to spend down some assets.

But here is where it gets tricky: Medicaid will check financial records from the past five years. If you gave away money or transferred property during that time, you could be penalized and delayed from getting benefits. This is why it is important to plan early and carefully.

Smart Ways to Protect What You Own

There are a few tools that can help: 

1. Irrevocable trust: Once assets go into this kind of trust, they no longer count toward the Medicaid limit if you set it up before the look-back window.
2. Life estate: A life estate lets you transfer a home to someone else but still live there for the rest of your life. 
3. Medicaid-compliant annuities: Some families use Medicaid-compliant annuities to turn assets into income, which helps meet the rules without giving up everything.
4. Funeral trust: This type of trust puts aside money for future burial costs or signs a formal care agreement with a family member. 

These approaches allow you to spend money in ways that benefit you while still following Medicaid guidelines.

We Help Florida Families Plan Ahead for Care

At Wickersham & Bowers, we help families in Florida protect their assets and plan for nursing home care with confidence. Whether you are years away from needing care or already in the process of applying for Medicaid, we can walk you through every step. Reach out to us today to schedule a consultation and start building a plan that works for your future.