To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

3 things you should know about second marriages and wills


Entering into a second marriage is becoming more common in the United States. Whether a second marriage is the result of the death of a spouse or divorce, the rates are on the rise. When it comes to matters of estate planning, things may get tricky when remarriage occurs.

When contemplating tying the knot again, it is critical that you consider what your estate will look like for your spouse and heirs. Subsequent marriages require keen estate planning to keep successors straight during probate. 

1. Property

In the case of remarriage, it is likely one or both parties own a home. Unless the mortgage or deed accounts for the new spouse, moving into one house or the other may result in trouble when either spouse dies. It is worth considering provisions allowing the surviving spouse continued use of the home if another heir is inheriting it.

2. Combining accounts

If you have assets from a previous marriage that you earmarked for your children, keeping those separate may be the best way to go. One of the ways you can ensure someone receives the money or property you wish to give him or her upon your death is to hold these accounts with the intended heir jointly. This co-ownership is one of the best ways to ensure the probate process goes smoothly.

3. Laws in your state

Florida is a common law state when it comes to divorce or death, meaning everything existing between a married couple at the time of death automatically passes to the surviving spouse. If you do not have the proper channels set up for wealth distribution after death, the probate process will automatically result in your current spouse gaining control of all assets and property held by you during the marriage.

Protecting Your Heirs' Inheritance

Planning for a wedding is exciting, even if it is the second trip down the aisle. However, second marriages may result in significant stress during the probate process. Failing to establish your estate may result in passing your money and property to the surviving spouse. If you intend to pass something specific on to your children from your first marriage, estate planning is vital.

No Comments

Leave a comment
Comment Information

Request Your Free Telephone Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.


North Office
950 S. Winter Park Dr
Suite 290
Casselberry, FL 32707

Toll Free: 888-681-4389
Casselberry Law Office Map

South Office
14115 Town Loop Blvd #300
Orlando, FL 32837

Toll Free: 888-681-4389
Orlando Law Office Map

At Korshak & Associates, P.A. we love feedback from our clients. Please take a moment and tell us how we’re doing!

Review Us