Essay playbook
The Blended Family Estate
Work through The Blended Family Estate as a public essay playbook with a fresh Florida-focused fact pattern, scored issues, and a model answer.
Fact pattern
Thomas, a Florida resident, executed a will in 2018 with two witnesses who signed in each other's presence. The will provided: "I leave my homestead (worth $900,000) to my wife Sarah. I leave my stock portfolio ($600,000) to my children from my first marriage, Adam and Betty, equally. I leave my vacation condo ($300,000) to my brother Charles. I appoint Sarah as personal representative." In 2020, Thomas and Sarah divorced. Thomas did not update his will. In 2021, Thomas married Diana. In 2022, Diana gave birth to their son Ethan. Thomas died in January 2025 without changing his will. His estate totaled $2 million. Diana had no knowledge of the will until after Thomas's death. Additionally, Thomas had created a trust in 2019 for "my descendants" with no statement about revocability. The trust holds $500,000. Charles predeceased Thomas by six months, leaving two children (Thomas's nieces).
Scored issues to spot
Will is valid - writing, testator signature, 2 witnesses who signed in presence of testator AND each other.
Subject: Wills | Points: 5
FL law AUTOMATICALLY revokes all provisions for ex-spouse Sarah upon divorce.
Subject: Wills | Points: 15
Cannot devise homestead away from surviving spouse Diana or minor child Ethan.
Subject: Wills/Property | Points: 15
Diana married AFTER will, not provided for. Entitled to intestate share.
Subject: Wills | Points: 10
Ethan born AFTER will. Pretermitted child takes intestate share.
Subject: Wills | Points: 10
Diana can alternatively elect 30% of elective estate if more favorable.
Subject: Wills | Points: 10
Charles (brother) predeceased. Anti-lapse applies. Gift passes to nieces.
Subject: Wills | Points: 10
Trust silent on revocability. FL presumes trusts REVOCABLE.
Subject: Trusts | Points: 10
Model answer
**1. WILL EXECUTION (FL-Specific)** The 2018 will is VALID. FL requires: writing, testator's signature, and TWO witnesses who sign in the presence of the testator AND IN THE PRESENCE OF EACH OTHER.
**2. DIVORCE AUTO-REVOKES (FL-Specific - VERY HIGH FREQUENCY)** When Thomas divorced Sarah in 2020, Florida law AUTOMATICALLY revoked ALL provisions benefiting Sarah. F.S. § 732.507(2). The will is read as if Sarah predeceased Thomas.
**3. HOMESTEAD DEVISE RESTRICTION (FL-Specific - VERY HIGH FREQUENCY)** Under FL Constitution Art. X, § 4, Thomas CANNOT devise homestead away from surviving spouse Diana or minor child Ethan. Diana receives a LIFE ESTATE; lineal descendants receive the REMAINDER.
**4. PRETERMITTED SPOUSE (FL-Specific)** Diana married Thomas AFTER the 2018 will. Under F.S. § 732.301, Diana is a "pretermitted spouse" entitled to an intestate share.
**5. PRETERMITTED CHILD (FL-Specific)** Ethan was born AFTER the will. Under F.S. § 732.302, Ethan takes an intestate share.
**6. ELECTIVE SHARE (FL-Specific)** Diana should compare her pretermitted share to the elective share (30% of elective estate) and choose whichever is greater.
**7. ANTI-LAPSE (FL-Specific)** Charles predeceased Thomas. Under F.S. § 732.603, the condo passes to Charles's children (nieces) per stirpes.
**8. TRUST REVOCABILITY (FL-Specific)** The 2019 trust is silent on revocability. Under FL Trust Code, trusts are PRESUMED REVOCABLE. F.S. § 736.0602.