The Benefits of Establishing a Marital Trust in Florida

Why Should Someone Establish a Marital Trust?

Attorney Kellen Bryant explains why marital trusts are essential for protecting both surviving spouses and children in second marriages and blended families.

One of the most challenging aspects of estate planning involves balancing the needs of a surviving spouse with protecting the inheritance rights of children from previous relationships. A marital trust can be the key to solving this common dilemma in blended families.

When Marital Trusts Are Most Important

A marital trust should be established in the case of second or subsequent marriage, especially if you have children.

Marital trusts are particularly crucial in these family situations:

• Second marriages where both spouses have children from previous relationships
• Blended families with “yours, mine, and ours” children
• Marriages with significant age differences
• Situations where one spouse has substantially more assets
• Families where income disparities exist between spouses

The Core Problem: Competing Interests

The trust will address the most common concern in an estate – the surviving spouse and the rights of your children.

This fundamental tension creates two competing needs that must be balanced:

• Surviving spouse’s security – Ensuring adequate support for their lifetime
• Children’s inheritance protection – Preserving their rightful inheritance

The Surviving Spouse’s Perspective

Your surviving spouse cares deeply about what he or she is going to live on, especially if you own the majority of the family assets prior to marriage.

Financial Security Concerns

The spouse with fewer assets and less income is going to be deeply concerned about what he or she is going to use to survive if you pass away as the primary earner.

Common concerns include:

• Loss of primary income when the breadwinner dies
• Maintaining standard of living they became accustomed to
• Healthcare costs and long-term care needs
• Housing security – Being able to remain in the family home
• Daily living expenses without the primary income
• Inflation protection over potentially many years

The Dependency Issue

This concern is particularly acute when:

• One spouse gave up their career for the marriage
• Significant age differences exist
• The surviving spouse has limited earning capacity
• Most assets are titled in the deceased spouse’s name

Your Children’s Perspective

Your children and you are going to be concerned about your spouse leaving out your blood children from his or her will or trust when he or she dies. You don’t want your surviving spouse essentially disinheriting your children.

Common Inheritance Fears

• Complete disinheritance – Being left out entirely
• Reduced inheritance – Receiving less than originally intended
• Preference for step-parent’s biological children
• New relationships influencing inheritance decisions
• Family heirlooms not passing to biological children

The Real Risk: Joint Ownership Problems

This can and does happen if your assets are named jointly and you pass away – all the assets go to your surviving spouse.

How Joint Ownership Creates Problems

When assets are jointly owned:

• Automatic transfer – Assets pass entirely to surviving spouse
• No will or trust control – Joint ownership overrides estate planning documents
• Complete ownership – Surviving spouse has total control
• No legal obligations to biological children of deceased spouse

The Broken Promise Scenario

Your surviving spouse may have said when creating the estate plan that you were going to split everything equally amongst your children. However, once you are gone, your surviving spouse is the sole owner of all your assets.

What often happens:

• Good intentions initially – Plans to treat all children equally
• Circumstances change – Health issues, new relationships, family conflicts
• Emotional factors – Grief, resentment, or family pressure
• Financial pressures – Unexpected expenses or care costs
• Time changes perspectives – Priorities shift over years

The Legal Reality: No Protection for Your Children

Outside of marital trust, he or she can decide to leave your children out of the estate distribution and leave only to his or her children.

There is no legal restriction preventing your surviving spouse from disinheriting your children or requiring them to adhere to verbal commitments made during your lifetime.

Why Promises Aren’t Enough

• Verbal agreements are not legally enforceable
• Circumstances change over time
• Family dynamics can deteriorate after death
• New influences may affect decision-making
• Legal ownership trumps moral obligations

Without legal protection, your children have no recourse if your surviving spouse decides to change the inheritance plan, regardless of what was promised during your lifetime.

How a Marital Trust Solves These Problems

A marital trust is used to better define how you want to allocate your estate between your surviving spouse and your children.

Protecting the Surviving Spouse

A marital trust can provide:

• Guaranteed income stream for life
• Access to principal for health, education, maintenance, and support
• Right to remain in the family home
• Healthcare cost coverage
• Inflation protection through growth investments
• Professional management of assets

Protecting Your Children’s Inheritance

The trust structure ensures:

• Assets ultimately pass to your children
• Clear legal obligation – Not dependent on promises
• Protection from remarriage – New spouse cannot claim inheritance
• Creditor protection – Assets protected from claims
• Professional oversight – Trustee ensures proper management

Types of Marital Trust Arrangements

Qualified Terminable Interest Property (QTIP) Trust

• Income to surviving spouse for life
• Principal protected for your children
• Tax advantages – Qualifies for marital deduction
• Trustee discretion for principal distributions

General Power of Appointment Trust

• More flexibility for surviving spouse
• Power to direct some distributions
• Still protects minimum inheritance for children

Limited Power Trust

• Restricted access to principal
• Maximum protection for children’s inheritance
• May include specific distribution standards

Addressing Common Concerns

Will My Spouse Feel Restricted?

• Trusts can be designed with substantial flexibility
• Professional management can reduce burden
• Access provisions can be broad for needs
• Communication is key – Explain the protection benefits

What If Our Relationship Is Strong?

• Trusts protect against future unknown circumstances
• Health issues, dementia – Can affect judgment
• Outside influences – New advisors or family pressure
• Peace of mind – For both spouse and children

When NOT to Use Marital Trusts

Marital trusts may not be necessary if:

• First marriage with only joint children
• Adult children are financially independent and don’t need inheritance
• Very small estates where trust administration costs are disproportionate
• Complete trust exists between all parties
• Spouse already has substantial independent assets

The Planning Process

Steps to Establish a Marital Trust

1. Assess family dynamics and potential conflicts
2. Determine appropriate trust structure and terms
3. Choose qualified trustee – Often a professional
4. Draft comprehensive trust documents
5. Fund the trust properly
6. Communicate with family about the arrangements

Key Decisions to Make

• How much to allocate to marital vs. family trusts
• Distribution standards for spouse’s access
• Trustee selection and powers
• Remainder beneficiaries and their rights
• Administrative provisions and flexibility

The Bottom Line

Marital trusts are essential tools for protecting both surviving spouses and children in second marriages and blended families. They address the fundamental conflict between ensuring spousal security and preserving children’s inheritance rights.

Without proper planning, your surviving spouse gains complete control over your assets and can legally disinherit your children, regardless of any promises made during your lifetime. A marital trust provides legal structure and protection that ensures your wishes are honored while providing for your spouse’s needs.

The key is balancing these competing interests through careful trust design that provides security for your spouse while guaranteeing that your children will receive their intended inheritance.

Put your mind at ease and make an appointment to meet with the Berg Bryant Elder Law Group in Jacksonville, Florida today to discuss whether a marital trust is right for your family situation.

This information is provided by Attorney Kellen Bryant. For personalized guidance about marital trusts and protecting both spouses and children in blended families, consult with a qualified estate planning attorney.