What Can Be Accomplished by a Will? A will is often the first thing people think of when they hear “estate planning”—and for good reason. It’s one of the most foundational tools for ensuring your wishes are carried out after you’re gone. But what exactly can you accomplish with a will? Let’s explore the many ways a will works to protect your family, simplify the legal process, and ensure your legacy is handled the way you want. 1. Name Guardians for Minor Children One of the most important things you can do in a will is designate guardians for your children. If something happens to you, a will ensures you have a say in who will care for them. Without a will, the decision falls to the court, which may not align with your wishes. Naming guardians in your will provides clarity, reduces uncertainty, and ensures your kids are cared for by the people you trust most. 2. Distribute Your Assets A will allows you to decide who gets what. Whether it’s real estate, personal belongings, or money, a will outlines how your assets will be divided among your beneficiaries. This can include: Providing for family members, such as your spouse, children, or other relatives. Leaving specific items or gifts to friends or charitable organizations. Preventing disputes by clearly outlining your intentions. 3. Name a Personal Representative The Personal Representative ("Executor" in some states) of your will is the person responsible for carrying out your wishes. This includes: Managing your assets. Paying outstanding debts or taxes. Distributing your property to the right beneficiaries. Choosing a trustworthy Personal Representative ensures that your estate is handled efficiently and according to your plan. 4. Provide for Charitable Causes If you have causes or organizations close to your heart, a will allows you to leave a legacy by including charitable donations. You can specify monetary gifts, property, or other assets to be donated, helping to make a lasting impact. 5. Minimize Family Confusion and Disputes Without clear instructions, disagreements about how your estate should be handled can arise, causing unnecessary stress for your loved ones. A well-drafted will helps eliminate uncertainty and provides guidance, making it easier for your family to focus on healing and honoring your memory. 6. Include Special Instructions A will can include instructions beyond simply distributing assets. For example, you can specify: Funeral and burial wishes. Preferences for how sentimental items should be passed down. Guidelines for any specific responsibilities your beneficiaries or executor may need to handle. While some of these instructions might not be legally binding, they provide helpful guidance to your loved ones during a difficult time. What a Will Can’t Do While a will is powerful, it does have its limits. For instance: Avoiding probate: A will doesn’t bypass probate, the court-supervised process of distributing your estate. Managing assets after death: If you want more control over how and when beneficiaries receive their inheritance, a trust might be a better tool. Covering certain assets: Assets with beneficiary designations (like retirement accounts or life insurance) pass directly to those named and aren’t covered by your will. That’s why a will is often part of a broader estate plan that includes tools like trusts, powers of attorney, and health care directives. Why Creating a Will is Essential Even with its limitations, a will is a cornerstone of any estate plan. It gives you a voice in how your affairs are handled, protects your loved ones, and provides clarity during an emotional time. Without a will, the state decides how your assets are distributed, which may not align with your wishes. Ready to Create Your Will? Creating a will is one of the most important steps you can take to protect your family and ensure your legacy reflects your values. If you’re ready to get started or want to review an existing will, we’re here to help. Let’s work together to build a plan that gives you peace of mind. Final Thought A will is more than just a document—it’s a way to care for your loved ones, even after you’re gone. Take the time to create or update yours today; your future self (and your family) will thank you.

How Often Should You Update Your Estate Plan? You’ve created an estate plan—congratulations! That’s a big step toward protecting your loved ones and ensuring your wishes are followed. But here’s the thing: life doesn’t stand still, and your estate plan shouldn’t either. An estate plan isn’t a one-and-done kind of thing. It needs to grow and adapt as your life changes. So, how often should you revisit your estate plan, and what kinds of changes should prompt an update? Let’s dive in. When to Update Your Estate Plan As a general rule, it’s a good idea to review your estate plan every 3–5 years. Even if nothing major has changed in your life, it’s worth taking a fresh look to make sure everything still aligns with your current situation and goals. But there are certain life events and milestones that absolutely call for an update. Here are some key moments to keep on your radar: 1. Major Family Changes New additions to the family: Welcoming a new baby or adopting a child means revisiting your plan to include them. Marriage or divorce: Whether it’s you, your children, or other key people in your life, marriage and divorce can have significant legal implications for your estate plan. Death of a loved one: If someone named in your plan (like a beneficiary, guardian, or executor) passes away, it’s time to make updates. 2. Significant Financial Changes Buying a home: Purchasing real estate or other major assets should be reflected in your plan. Starting or selling a business: If you’ve become a business owner or passed on your company, your estate plan needs to account for this. Inheriting money or property: A sudden boost in your financial situation may require updates to ensure proper management and tax planning. 3. Changes in Laws Estate planning laws can change, and so can tax rules. When they do, your plan might need adjustments to stay current and effective. 4. A Move to a New State Estate planning laws vary from state to state. If you’ve relocated, review your plan to make sure it complies with your new state’s rules. 5. A Change in Your Wishes Sometimes, your priorities or relationships shift. Maybe the person you originally named as a guardian, trustee, or executor is no longer the right fit. Or maybe you’ve changed your mind about how you’d like your assets distributed. It’s important to reflect those changes in your plan. What Parts of Your Estate Plan Might Need Updates? When you revisit your estate plan, here’s what you’ll want to check: 1. Beneficiary Designations Life insurance policies, retirement accounts, and payable-on-death accounts often have designated beneficiaries. Make sure these are still accurate—these designations often override your will or trust. 2. Guardian for Minor Children If you’ve named someone to care for your kids, ask yourself if that person is still the best choice. Relationships, circumstances, or your kids’ needs may change over time. 3. Healthcare Directives and Power of Attorney The people you’ve chosen to make medical or financial decisions on your behalf should still be individuals you trust. Confirm they’re still willing and able to take on this responsibility. 4. Assets and Property Add any newly acquired property, financial accounts, or other significant assets to your estate plan to ensure they’re properly accounted for. Why Updating Your Estate Plan is So Important Keeping your estate plan up to date is about more than just paperwork—it’s about making sure your loved ones are protected and your wishes are honored. An outdated estate plan can cause confusion, lead to legal disputes, or fail to reflect your current wishes, leaving your family with unnecessary stress. How to Get Started Updating your estate plan doesn’t have to be complicated, especially when you work with an experienced professional. A quick review and a few small changes can go a long way toward ensuring your plan works exactly as you intended. Haven’t reviewed your estate plan in a while? Now’s a great time to take a look. Reach out, and let’s make sure your plan is ready for whatever life brings next. Final Thought Your life evolves, and so should your estate plan. By keeping it updated, you’re making sure your legacy is protected and your loved ones are cared for—exactly the way you want.

Key Documents for a Complete Estate Plan To ensure your loved ones are protected and your wishes are respected, consider adding these essential documents to your estate plan: 1. A Revocable Living Trust A trust is a powerful tool that can complement or even replace a will in some cases. It allows you to: Avoid probate for assets held in the trust. Manage how and when assets are distributed to beneficiaries (great for young kids or heirs who need financial guidance). Provide a seamless transition if you become incapacitated, since a successor trustee can step in to manage the trust. 2. Durable Power of Attorney This document lets you appoint someone to handle your financial matters if you’re unable to. From paying bills to managing investments, your chosen agent can step in to keep things running smoothly. 3. Designation of Health Care Surrogate (or Health Care Proxy or Medical Power of Attorney) A designation of health care surrogate allows someone you trust to make medical decisions on your behalf if you’re unable to communicate your wishes. This ensures your medical care aligns with your preferences, even in an emergency. 4. Living Will (Advance Directive) A living will outlines your wishes for medical care, such as whether you’d want life- sustaining treatment in specific situations. It provides clarity for your loved ones and guides your health care surrogate or proxy in making decisions. 5. Beneficiary Designations Many assets, such as life insurance, retirement accounts, and payable-on-death accounts, are distributed directly to beneficiaries you name. These designations override what’s in your will, so it’s crucial to keep them up to date and consistent with your overall estate plan. 6. Guardianship Designations While you can name guardians for minor children in your will, it’s important to think through this decision carefully and include backup options. This ensures your children are cared for by the people you trust most. Why a Complete Estate Plan Matters Having all the right documents in place gives you peace of mind, knowing you’ve covered all the bases: During your lifetime: If you become incapacitated, your power of attorney, health care surrogate, and living will ensure your wishes are respected and your affairs are managed. For your loved ones: A trust and updated beneficiary designations make the process easier, faster, and less stressful for your family. For your legacy: A complete plan reflects your priorities, avoids unnecessary legal hurdles, and ensures your loved ones are taken care of. How to Get Started If you only have a will—or haven’t started estate planning at all—don’t worry. Expanding your estate plan doesn’t have to be overwhelming, especially with professional guidance. We’ll help you assess your situation, identify what’s missing, and put the right documents in place. Remember, estate planning isn’t just about what happens after you’re gone. It’s about protecting yourself and your loved ones every step of the way. Final Thought A will is a great start, but it’s just one piece of the puzzle. By creating a complete estate plan, you’re building a stronger, more comprehensive safety net for your future and your family. Take the next step today—you’ll thank yourself later.

When it comes to the distribution of a deceased person's assets in Florida, there is often confusion and misinformation surrounding the reading of a will. You might have seen dramatic scenes in movies or TV shows where family members gather around a lawyer's office to hear the last wishes of the deceased read aloud. However, the truth is quite different in the Sunshine State. In Florida, the reading of a will is not a real legal requirement, and it may surprise you to learn why. What is the "Reading of a Will"? The concept of the "reading of a will" often comes from popular culture, where it is portrayed as a dramatic and emotional event where beneficiaries learn about their inheritance and any final messages from the deceased. This scene has been dramatized in many movies and television shows. However, in reality, this practice is not legally required in Florida, nor is it a common practice in most states across the United States. Why Doesn't Florida Require the Reading of a Will? Florida, like many other states, does not have a legal requirement for the formal reading of a will. There are several reasons for this: Privacy: One of the main reasons is privacy. The contents of a will are considered a private matter between the deceased person and their beneficiaries. There is no legal need to make this information public or to gather all interested parties for a formal reading. However, it is essential to note that during the probate process, a will becomes a public record, which means that it is available to the general public, not just interested parties, and can be accessed and reviewed by anyone as part of the legal proceedings. Legal Procedures: In Florida, the probate process is used to distribute a deceased person's assets according to their will or the state's intestacy laws if there is no will. The probate court oversees this process, ensuring that all legal requirements are met and that assets are distributed according to the law. Beneficiary Notification: Instead of a formal reading, beneficiaries in Florida are typically notified through legal channels, such as certified mail or in-person notification by the estate executor or personal representative. These notifications inform beneficiaries about their rights, responsibilities, and the upcoming probate proceedings. Trusts and Legal Representation: Some individuals may create trusts to manage their assets, which often bypass the probate process entirely. In such cases, beneficiaries may work closely with legal counsel to understand the terms of the trust and how it affects their inheritance. Conclusion: While the idea of a dramatic will reading may be popular in movies and television, it is not a legal requirement in Florida. The state's probate laws govern the distribution of a deceased person's assets, and beneficiaries are typically notified through legal channels about their rights and responsibilities. It is essential for individuals to consult with legal professionals and create a clear and legally valid will to ensure that their wishes are carried out effectively in accordance with Florida law. Understanding the legal processes and requirements can help ease the stress and confusion that can arise during a difficult time for families. Additionally, it's important to be aware that during the probate process, a will becomes a public record, making it available to the general public, not just interested parties, for access and review as part of the legal proceedings.

When courts are faced with the question of undue influence in the creation of wills or trusts, they rely on a set of guidelines to ensure fairness. This blog explores these guidelines, focusing on the well-known Carpenter Factors and additional considerations that have emerged in recent legal practice. Understanding Undue Influence in Wills and Trusts Undue influence in the context of wills and trusts is a legal concept that implies a person was unfairly persuaded or coerced into making decisions about their estate. Courts take this issue seriously to protect individuals’ true intentions and prevent manipulation. The Carpenter Factors: A Seven-Point Checklist Traditionally, courts have referred to the seven Carpenter factors as a benchmark for identifying undue influence: Beneficiary’s Presence: Was the beneficiary present when the testator expressed the desire to make a will? Attorney Recommendation: Did the beneficiary recommend the attorney who drafted the will? Instructions to Attorney: Was the beneficiary involved in giving instructions for drafting the will? Knowledge of Will Contents: Did the beneficiary know the will's contents before it was executed? Witness Arrangement: Did the beneficiary arrange witnesses for the will? Execution Presence: Was the beneficiary present at the execution of the will? Will Safekeeping: Did the beneficiary keep the will safe after it was executed? These factors help determine if the beneficiary had an excessive or inappropriate level of involvement in the will-making process. Beyond the Carpenter Factors: Additional Considerations Recent legal developments have expanded the scope of analysis to include three more factors: 8. Isolation: Was the person making the will isolated from others, potentially making them more susceptible to influence? Mental Strength Disparity: Is there a significant difference in mental strength or capacity between the testator and the beneficiary? Fairness of Provisions: Do the provisions of the will or trust seem fair and reasonable? These additional factors offer a more comprehensive view, considering the testator's social circumstances and the overall fairness of the will or trust. Conclusion Courts use these ten factors to paint a detailed picture of the circumstances surrounding the creation of a will or trust. This approach helps ensure that the final document genuinely reflects the wishes of the person making it, free from undue influence or manipulation. By understanding these factors, individuals can better appreciate the legal safeguards in place to protect testamentary freedom.

Florida law will dictate where a person’s assets go if they don’t have a valid will. The same might be true if an individual has a trust that was improperly structured. Therefore, instead of leaving what happens to your parent’s property to chance, it may be a good idea to speak to them about their estate plan. Do your parents…

Leaving a will is a great way to ensure that your loved ones know your wishes after you die or if you become incapacitated. There are different types of wills, and each one has its own benefits. If you’re considering creating a will, one type you may want to familiarize yourself with is a living will. What is a living…

Many Florida residents engage in estate planning to prepare for the future. Knowing when to update your estate plan documents is important as certain situations make it necessary. You’ve gotten married or divorced Estate planning documents need revisions whenever you have a change in marital status. If you get married, you’ll want to add your new spouse’s name to documents…

Building a charitable legacy can’t be done perfectly in just one day. Understanding the full influence that your giving will have requires insight and thorough estate planning. Florida laws are friendly to those building their estates in an effort to positively impact society. Assigning beneficiaries The first step in planning future charity is to start with naming your beneficiaries. Beneficiaries…