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.
On this page
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
Homestead not devisable: spouse Diana and minor child Ethan each independently trigger the Art. X § 4(c) bar. Default: Diana takes a life estate with a vested remainder to the descendants. If she elects instead, she takes an undivided 50% as tenant in common and the descendants take the other 50% outright.
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