There are some issues you must be aware when creating your Florida Will.
The first thing you must be aware of is the Florida Homestead Law. Florida Homestead states that if you have minor children, then your Homestead may not be devised in a Will or a Trust. Meaning that if you create a Florida Will and you pass away before your child’s 18th birthday, then that transfer will be invalid.
If you are survived by a spouse, but no minor children, then you can also devise your Homestead to your spouse, subject to any spousal waivers.
These provisions are particularly important for blended families. Usually, the spouse will want to leave their Homestead to the kids from a previous marriage, however, this devise in the last will and testament or the living trust will be invalid unless your spouse signs a waiver of Homestead.
If the Homestead is invalidly devised, then your spouse will obtain a life estate in the property, meaning they will get to live in the Homestead until his or her death, and your children will get a remainder interest. Your spouse may elect to take a 50% interest in the property and your children will get the remainder 50% if your spouse makes that election.
The second thing to watch out for is when requiring the property to be sold by your personal representative and the proceeds of the sale distributed to your beneficiaries.
Assuming that the real property is your Homestead, then your beneficiaries will obtain your Homestead free and clear from any creditors subject to some exceptions like a mortgage on the property. However, if you require the personal representative to sell the Homestead and distribute the proceeds then those proceeds will no longer have creditor protection.