Estate Planning

An estate plan is a set of instructions for the people you love about what you want done when you can’t speak for yourself, whether because of incapacity or because you are gone. Done well, an estate plan prevents a fight at the worst possible moment in your family’s life. Done poorly, or not at all, it is the source of that fight.

What a will actually does in Florida

A valid Florida will lets you:

• Distribute your property the way you want, including specific bequests to family, friends, or charity
• Name a guardian for minor children so a court does not choose for you
• Designate a personal representative (executor) you trust to manage the process
• Provide for pets through a pet trust or designated caregiver
• Make funeral and burial wishes known in writing

Without a will, Florida’s intestacy statute decides all of this for you. The result is rarely what the family would have chosen.

Valid wills in Florida

Florida has specific execution requirements. A will must be:

• In writing
• Signed by the person making it (the “testator”)
• Signed in the presence of two witnesses
• Signed by those witnesses in the presence of the testator and each other

Handwritten (holographic) wills and oral wills are not valid when drafted in Florida. A foreign-language will may be valid if accompanied by an English translation, but we still recommend review.

If you had a will drafted in another state, Florida will generally recognize it. But Florida’s homestead rules can override provisions you thought were settled, and we recommend that every new Florida resident have their existing will reviewed by a Florida attorney.

Beyond the will

A complete estate plan usually includes:

• A revocable living trust for probate avoidance and privacy
• A durable power of attorney so someone you trust can act on your behalf if you become incapacitated
• A health-care surrogate designation so someone you trust can make medical decisions
• A living will so providers know what life-prolonging care you want
• Updated beneficiary designations on retirement accounts, life insurance, and bank accounts. These pass outside your will and are often the source of conflict.

Gwen Walkowiak has built the firm’s estate planning practice around the questions a software checklist doesn’t ask. Who are the people in your life. What do they need. What do you want your last act to be on their behalf.