Must I leave something to my spouse and my children in my will?
By law, a surviving spouse has certain entitlements in Florida. Therefore, you cannot just disinherit your spouse through your will or trust. If you do so, the spouse could make what’s called an elective share against the estate and amongst other things, take up to 30% of the value of the estate. You can however disinherit your children. Your children have no legal right to inherit your property. You can also disinherit your spouse if you sign a pre-nup or a post-nuptial agreement in which your surviving spouse waives any estate benefits that would otherwise pass to him or her.