While Florida law doesn’t require you to hire an attorney to create a will, working with an experienced estate planning lawyer is strongly recommended to ensure your will is legally valid, properly executed, and truly protects your family’s interests. A DIY will may seem cost-effective initially, but mistakes can lead to costly probate disputes or invalid documents that far exceed the cost of professional legal guidance.
Florida’s Strict Will Requirements
Florida has specific requirements that your will must meet to be considered valid:
- Written Document: Your will must be in writing (handwritten or typed)
- Signature Requirement: You must sign your will at the end
- Witness Requirements: Two competent witnesses must sign in your presence and each other’s presence
- Mental Capacity: You must understand what you’re doing when creating the will
Missing any of these elements can render your will completely invalid.
When DIY Wills Fall Short
Common problems I’ve encountered with self-prepared wills affecting Brandon, Riverview, Fish Hawk, and Lithia families often center around three critical areas. Asset protection issues frequently arise when DIY wills fail to properly coordinate with retirement accounts and life insurance beneficiaries, miss provisions for business interests or investment properties, and inadequately plan for digital assets and cryptocurrency holdings.
Family complexity creates additional challenges, particularly with insufficient provisions for blended families or children from previous marriages, missing contingency planning if primary beneficiaries predecease you, and a lack of clear guidance for minor children’s care and inheritance arrangements.
Legal oversights compound these problems when self-prepared wills miss tax-saving opportunities for larger estates, fail to address Florida’s unique homestead laws, and inadequately coordinate with existing estate planning documents or trusts.
What Professional Estate Planning Provides
When you work with an experienced estate planning attorney, you receive:
- Properly executed will meeting all Florida requirements
- Coordinated power of attorney and healthcare documents
- Asset protection strategies tailored to your situation
- Tax planning opportunities to minimize estate costs
- Ongoing support for updates and life changes
Special Considerations for Florida Residents
Florida’s unique laws create additional reasons to work with a local attorney:
- Homestead Protection: Florida’s homestead laws require careful planning to maximize benefits
- Multi-State Property: Many residents own property in other states, requiring coordinated planning
- Tax Advantages: Florida’s tax-friendly environment creates planning opportunities
Your Family’s Future Deserves Protection
While Florida doesn’t require an attorney to create your will, the complexity of estate planning and potential consequences of mistakes make professional guidance a wise investment. A properly prepared will is one of the most important documents you’ll ever create, and it deserves special care and attention.
Ready to protect your family’s future with a properly prepared will? Contact our experienced team at the Law Offices of Laurie E. Ohall at (813) 438-8503 to schedule a consultation. As a Florida Board Certified Elder Law attorney serving Brandon, Riverview, Fish Hawk, and Lithia families, I’m here to help you create an estate plan that provides both protection and peace of mind for your family’s future.