Boca Raton Wills Attorney Helps Plan For What Matters Most

Key Takeaways:

A valid Florida will ensures your assets go where you intend and reduces legal headaches for your family.
Without a will, Florida’s intestate laws decide who inherits, often with unintended consequences.
A Boca Raton wills attorney helps you draft a legally sound document tailored to your life, family, and values.
This page covers types of wills, required formalities, and what happens if you die without one.

Planning for the future might not feel urgent, but if something happens tomorrow, will your loved ones know your wishes? That’s where a thoughtfully crafted last will proves to be valuable.

A will does more than distribute property. It names guardians for your minor children. It appoints someone you trust to carry out your instructions. Without one, Florida’s probate court steps in—and the result may be far from what you’d want.

Our Boca Raton estate planning attorney can help you put those wishes on paper with confidence. We walk you through each step with care and clarity.

Table Of Contents

Why Having A Will Matters In Florida

Let’s consider this: A Boca Raton resident dies suddenly, leaving behind a spouse and two adult children from a previous marriage. There’s no will. What happens? Under Florida’s intestate succession laws, the surviving spouse may not receive the entire estate. The children are entitled to a portion, potentially creating strain, legal conflict, and emotional fallout during an already difficult time.

Having a valid will in place eliminates that guesswork. It ensures your property, investments, and personal belongings are distributed exactly as you intend.

Wills are especially critical for:

Blended families.
Single parents.
High-net-worth individuals.
Business owners.
Families with special needs dependents.

Key Benefits Of Having A Will

You decide who inherits. Without a will, the probate court takes over and distributes your assets under Florida’s intestacy statutes (Fla. Stat. §§ 732.101–732.111), which may not reflect your intentions.
You choose the executor. A will lets you name a personal representative (executor) to manage your estate—someone you trust to handle sensitive matters.
You protect minor children. Parents of young children can nominate a guardian in their will. Without one, the court decides who will raise your child.
You can disinherit with clarity. If you wish to exclude someone, a properly drafted will avoids confusion or future legal challenges.
You minimize family disputes. A will sets expectations and helps reduce conflict between heirs, especially in blended families or second marriages.
You support your favorite causes. Want to leave a gift to a charity or religious institution? A will ensures your legacy reflects your values.

Common Misunderstandings

Misconception	Reality
“I don’t own enough to need a will.”	Even modest estates benefit from clarity and control
“My spouse will get everything.”	Not always—especially if you have children from prior unions.
“Wills avoid probate.”	They don’t; they direct the probate process.

No matter your circumstances, a properly executed will empowers you to protect the people and causes that matter most. Creating a will reassures you today and prevents unnecessary hardship for your loved ones tomorrow. It’s one of the most powerful legal steps you can take to protect your legacy in Florida.

What Makes A Will Valid In Florida

Florida law (Fla. Stat. § 732.502) sets clear requirements for a will to be valid:

Written Document: The will must be in writing—typed, not verbal or recorded.
Signed by the Testator: The person making the will must sign it at the end.
Witnesses: Two competent individuals must witness the signing, in the presence of each other and the testator.
No Holographic or Oral Wills: Florida does not accept wills that are handwritten and unwitnessed, even if valid in another state.

Mental capacity is also a factor. The person creating the will must understand the nature and extent of their property, the effect of the document, and the identity of the intended beneficiaries. If there’s evidence of coercion or diminished capacity, the will may be challenged.

Types Of Wills We Help You Create

Different stages of life—and types of estates—call for different legal tools. We help you select the one that fits your circumstances:

1. Simple Will

Ideal for individuals with modest estates or uncomplicated family structures. A simple will lists your property and designates who gets what.

2. Pour-Over Will

This works hand-in-hand with a revocable living trust. It acts as a safety net, ensuring any assets not formally placed into your trust still “pour over” into it at death.

3. Will With Testamentary Trust

If you’re leaving assets to minors, beneficiaries with disabilities, or those who need financial oversight, a testamentary trust builds those protections into your will. You set the terms, including age-based distributions or trustee management.

4. Living Will (Advance Directive)

While not a will in the traditional sense, it’s often part of a comprehensive estate plan. A living will outlines your healthcare preferences in case of incapacitation. (We discuss this further on our Advance Directives page.)

We also advise on coordinating your will with durable powers of attorney, healthcare surrogates, and HIPAA authorizations to ensure your full estate plan works in concert.

Common Situations That Require A Will Update

Life rarely stays the same—and neither should your estate plan. Even if your will was perfectly drafted a few years ago, changes in your family, finances, or health could make it outdated or incomplete. Keeping your will current ensures that it continues to reflect your intentions and protects your loved ones effectively.

When you should revisit your will:

Marriage or Divorce: Change in marital status often alters your desired beneficiaries.
Birth or Adoption: New children or grandchildren should be included by name to avoid confusion.
Death of a Beneficiary or Executor: If someone named in your will passes away, an update is crucial.
Significant Financial Change: A major inheritance, sale of property, or retirement may shift how you want to distribute your assets.
Relocation to Florida: State laws vary—your prior will may not meet Florida’s legal requirements.

A will is a living document. Reviewing it regularly—especially after major life events—helps avoid unintended consequences and ensures your legacy is carried out exactly as you intend.

What Happens If You Pass Away Without A Will In Florida

When someone dies without a will (called dying “intestate”), Florida’s laws determine who inherits:

If married with no children: The spouse typically inherits everything.
If married with children from another relationship: The spouse may receive only half, and the rest goes to the children.
If unmarried: Assets pass to children, then parents, siblings, and so on down the family line.

Passing away without a will leaves your loved ones at the mercy of Florida’s default inheritance laws—rules that may not align with your personal wishes or family dynamics. Dying intestate puts your legacy at risk of being divided in ways you never intended. Taking the time to draft a valid will puts you in control and provides your family with clarity, protection, and peace of mind when they need it most.

How A Boca Raton Wills Attorney Helps You

The internet is full of do-it-yourself will templates, but a form can’t ask questions. It can’t spot red flags or ensure compliance with Florida law. That’s why we don’t just draft wills—we guide you through the process.

When you work with us, we help you:

Inventory your assets and identify potential probate pitfalls.
Decide how to structure your distributions for simplicity or protection.
Nominate trustworthy personal representatives (executors).
Avoid family disputes by communicating your wishes clearly.
Create backup plans for “what if” scenarios, such as simultaneous death or a beneficiary predeceasing you.

We also coordinate with your financial planner or accountant to ensure your estate plan aligns with your broader financial strategy.

How We Guide You Through The Process

Here’s what you can expect when you work with Boca Raton Probate Attorneys:

Consultation: We start with a confidential meeting (in-person or virtual) to understand your goals, family dynamics, and concerns.
Design Phase: We recommend a structure and explain your options in plain English—no legalese or pressure.
Document Drafting: We prepare your will and any accompanying documents for your review.
Execution: We supervise the signing process, ensuring compliance with all witnessing and notarization rules.
Secure Storage: We help you safeguard the originals and provide digital and physical copies to your designees if requested.

The full process typically takes 1–3 weeks, depending on complexity and scheduling. We offer flat-fee pricing for most estate plans to give you clarity and free you from worry or anxiety.

FAQs About Wills In Boca Raton

Do I Need A Will If I Have A Trust?

Yes. A will addresses any assets not transferred into the trust and can serve as a backup. Most trusts rely on a “pour-over” will to ensure nothing is left behind.

Can I Write My Own Will In Florida?

Technically, yes—but mistakes are common. If it’s not executed correctly, the court may reject it entirely.

What’s The Difference Between A Will And A Living Will?

Technically, yes—but mistakes are common. If it’s not executed correctly, the court may reject it entirely.

Can I Disinherit A Child?

Yes, but it must be done explicitly. Florida courts may assume omission is accidental unless clearly stated.

How Often Should I Update My Will?

We recommend reviewing it every 3–5 years or after any major life event like marriage, divorce, or significant financial change.

Can I Name An Executor Who Lives Out Of State?

Yes, though Florida imposes specific requirements. For instance, the executor must be a close relative or a Florida resident.

Does A Will Avoid Probate?

No. A will guides the probate process, but assets typically pass through court unless held in a trust or with beneficiary designations.

Why Choose Boca Raton Probate Attorneys

We know Florida’s probate and estate planning laws inside and out—and we know Boca Raton families. Our mission is to protect what matters to you, with clear, enforceable planning that brings peace of mind.

It’s never too early—or too late—to put your wishes in writing. Schedule a complementary case evaluation with our Boca Raton wills lawyer today. We’ll help you create a will that protects your family, preserves your legacy, and stands the test of time.

Are you facing a tough decision about the future?

Reach out now. Our dedicated Boca Raton Probate Attorneys stand ready 24/7 to give you a complimentary, no-pressure case evaluation crafted around your unique goals. CLICK THE BUTTON BELOW or CALL (561) 300-6099 and let’s chart the way forward together

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