The Law Offices of Adelina Ruiz, P.A., an Orlando-based estate planning and probate law firm, has released a new educational resource addressing the legal rights of stepchildren in Florida estate planning. The article, “Everything You Need To Know About The Legal Rights of Stepchildren in Estate Planning in Florida,” explains how blended families can ensure that stepchildren are included in wills, trusts, and guardianship designations.
Blended families continue to grow across the United States, with a 2023 Pew Research Center study showing that more than 40% of American households include a step-relative. Florida, which consistently reports one of the highest remarriage rates in the country, also has a substantial blended-family population.
Despite these strong family relationships, Florida law does not automatically recognize stepchildren as legal heirs unless they have been formally adopted. This creates a significant risk for families who assume stepchildren will inherit or receive guardianship rights without legally documenting those intentions.
“Families are often surprised to learn that Florida intestacy laws exclude stepchildren entirely,” said Attorney Adelina Ruiz, founder of the Law Offices of Adelina Ruiz, P.A. “Without a will, trust, or guardianship designation, stepchildren may be unintentionally left out of inheritances and critical care decisions.”
Understanding Florida’s Intestacy and Inheritance Rules
The article highlights how Florida’s intestacy laws distribute assets to a surviving spouse, biological children, and legally adopted children—but never to stepchildren, regardless of family closeness. As a result, stepchildren will not inherit unless they are explicitly named in a will, trust, or beneficiary designation.
The resource encourages Orlando families to use estate-planning tools, such as revocable living trusts, pour-over wills, and updated beneficiary designations, to ensure that each intended child receives the parents' chosen assets and care arrangements.
Addressing Guardianship and Blended-Family Planning
Guardianship is another area of concern for blended families. Under Florida law, a stepparent has no automatic guardianship rights unless they have legally adopted the child or are formally appointed. The guide urges families to document guardianship preferences to prevent disputes should a parent pass unexpectedly.
“Blended families face unique challenges when it comes to guardianship and asset distribution,” Ruiz explained. “Clear planning not only protects stepchildren legally but also provides peace of mind for the entire family.”
Estate Planning Tools for Blended Families
The guide outlines several strategies Orlando families can use to build inclusive estate plans, including:
Naming stepchildren directly in wills
Creating revocable living trusts that outline specific inheritance instructions
Updating beneficiary designations on financial accounts and life insurance
Using letters of intent to clarify personal wishes
Coordinating long-term planning with business planning strategies.
Clear Communication Reduces Conflict
Citing research from the American Bar Association, the article notes that inheritance disputes occur more frequently in blended families. Transparent discussion, supported by legally sound documents, helps reduce these conflicts.
“Clarity is one of the greatest gifts parents can give their children,” Ruiz said. “By documenting your wishes, you eliminate uncertainty and protect every family member—biological, adopted, and step.”
About the Law Offices of Adelina Ruiz, P.A.
The Law Offices of Adelina Ruiz, P.A. is an Orlando-based estate planning and probate law firm serving families across Central Florida. The firm focuses on estate planning, Special Needs Trusts, probate and estate administration, and business planning. With a client-centered approach, the firm helps families protect assets, preserve benefits, and plan confidently for the future. Families seeking tailored guidance can book a consultation by visiting the firm’s consultation page.
