5 Reasons Every Florida Parent Needs a Will in Place

When you’re raising a family in Florida, estate planning is often the last thing on your mind. Between school schedules, sports, and careers, it can feel like something to put off for “later.” But the truth is, every parent—no matter your age, wealth, or stage in life—needs a valid Florida will. Without one, you lose the ability to decide who raises your children and how your property is distributed, and the courts step in to make those decisions for you.

At St. Johns Law Group, St. Augustine’s largest law firm, our wills attorneys in St. Augustine guide parents through this important process with clarity and compassion. Here are five key reasons why creating a will should be at the top of every Florida parent’s to-do list.

1. Protecting Your Minor Children

One of the most important roles of a will is to name guardians for your minor children. If both parents pass away without a will, Florida courts must decide who will care for your children. While judges act in the child’s best interest, they may not choose the person you would have trusted most. A will ensures you—not the court—make this critical decision.

2. Control Over Your Assets

Without a will, your property is distributed according to Florida’s intestacy laws, which may not reflect your wishes. For example:

• If you are married with children from another relationship, your spouse may not inherit everything.

• Without a plan, assets might be divided in ways that create disputes among family members.

A properly drafted will allows you to direct exactly who receives your property, including family heirlooms, real estate, or savings accounts, ensuring your wishes are followed.

3. Reduce Family Conflict

The loss of a parent is difficult enough—don’t let uncertainty about your estate add to the stress. A clear, legally enforceable will reduces the chance of disputes among surviving relatives. By putting your intentions in writing, you protect your family from unnecessary tension and costly litigation.

If disputes still arise, our probate attorneys and trust dispute lawyers are here to protect your interests.

4. Coordinate With Trusts for Probate Avoidance

While a will is essential, it’s often best used in combination with a revocable living trust. Why? Because wills in Florida generally require probate, a court-supervised process that can be time-consuming and expensive. Trusts allow assets to pass directly to beneficiaries without probate.

Many families choose a will plus a trust to ensure minor children are cared for, assets are managed responsibly, and probate is avoided wherever possible.

5. Peace of Mind for You and Your Family

Perhaps the greatest reason to create a will is the peace of mind it brings. Knowing your children will be raised by the guardian you choose, that your property will be distributed according to your wishes, and that your family will avoid confusion during a difficult time can give you comfort today while protecting your family tomorrow.

FAQs About Florida Wills

Q: Can I handwrite my will in Florida?
Florida does not recognize handwritten wills unless they are executed with the proper formalities. A typed, properly signed and witnessed will is required.

Q: Who can serve as a guardian for my children?
You may nominate anyone you trust. The court must confirm the appointment, but your nomination carries significant weight.

Q: Do I need a lawyer to draft my will?
Yes. DIY wills often fail to comply with Florida’s strict legal requirements, leaving them invalid. Our attorneys ensure your documents are enforceable.

How a Will Fits Into a Bigger Plan

A will is one piece of a complete estate plan. At St. Johns Law Group, we often prepare wills alongside:

• Advance Directives (healthcare surrogates, living wills)

• Durable Powers of Attorney (financial decision-making if incapacitated)

• Trusts (probate avoidance and asset protection)

This coordinated approach ensures your family is protected from all angles.

📞 Schedule Your Will Consultation Today

Don’t leave your family’s future to chance. At St. Johns Law Group, our experienced wills attorneys in St. Augustine will guide you step by step through creating a plan that protects your children, your property, and your peace of mind.

👉 Contact us today to schedule your estate planning consultation—in person, by phone, or virtually.