Wills and Estate Planning for Singles and Married Couples in Florida
A well-crafted will is the cornerstone of your estate plan. It ensures your assets are distributed according to your wishes and gives your loved ones clear guidance during a difficult time. Whether you are single or married, creating a comprehensive will provides peace of mind and protects your family's future.
Our Vero Beach team helps you understand Florida's requirements, avoid common pitfalls, and build a plan that fits your situation.
Understanding Wills in Florida
A will directs how your assets are distributed after death and allows you to name guardians for minor children. In Florida, it must meet specific legal requirements to be valid and enforceable.
Florida will requirements: Your will must be in writing, signed by you in the presence of two witnesses, and the witnesses must sign in your presence and each other's presence. While not required, notarization creates a self-proving will that can simplify probate. You must be at least 18 years old and of sound mind, meaning you understand your property, family relationships, and the effect of making a will.
Wills for Single Individuals
If you are unmarried, a will is especially important because intestacy laws may not reflect your wishes.
Key considerations for single people
- Beneficiary selection: Choose exactly who inherits—family, friends, charities, or a mix.
- Guardian designation: Name your preferred guardian for minor children.
- Personal representative: Appoint someone you trust to administer your estate, plus an alternate.
- Specific bequests: Direct important items to the people who will appreciate them most.
- Residuary clause: Clarify how remaining assets are distributed after specific gifts.
Wills for Married Couples
Married couples have unique considerations that depend on estate size, prior marriages, and tax planning goals.
Estate planning strategies for couples
- Mirror wills: Commonly leave everything to the surviving spouse, then to children or other beneficiaries if both pass.
- Coordinated but different wills: Useful when spouses have different goals, such as providing for a current spouse while preserving inheritances for children from prior relationships.
- Trust provisions: Testamentary trusts can manage inheritances, protect assets, and address complex needs.
Considerations for blended families
Elective share: Florida's elective share lets a surviving spouse claim a portion of the estate, even if the will says otherwise.
Homestead rights: Florida homestead rules can limit how you leave your residence if you have a surviving spouse or minor children.
Comprehensive Will Packages
Most people benefit from a coordinated estate planning package that covers asset distribution and incapacity planning.
Complete estate planning documents
- Last Will and Testament: Directs distributions and names guardians for minor children.
- Durable Power of Attorney: Authorizes a trusted person to handle financial matters if you are incapacitated.
- Designation of Healthcare Surrogate: Lets a chosen agent make medical decisions if you cannot.
- Living Will: Expresses your wishes about life-prolonging treatment in terminal conditions.
Benefits of comprehensive planning
Having all four documents ensures your plan works together. Healthcare directives become critical during medical emergencies; without them, family members may face delays, uncertainty, and difficult decisions without guidance.
Additional Probate Avoidance Solutions
Some assets can pass outside probate, saving time and cost. We help you evaluate the best options for your situation.
Joint ownership
- Joint Tenancy with Right of Survivorship: Passes property automatically to the surviving owner.
- Tenancy by the Entireties: Available to married couples in Florida; offers probate avoidance and some creditor protection.
Beneficiary designations
- Retirement accounts: 401(k)s, IRAs, and similar accounts pass directly to named beneficiaries.
- Life insurance: Proceeds go straight to designated beneficiaries.
- Transfer on Death (TOD) and Pay on Death (POD): Bank, investment accounts, and some vehicles can be set up to transfer directly to beneficiaries.
Enhanced life estate deeds (Lady Bird deeds)
Florida recognizes enhanced life estate deeds that let you retain control of real estate during life while transferring it to beneficiaries at death without probate.
A La Carte Estate Planning Services
We also offer individual documents and services tailored to your needs, including standalone wills, specific powers of attorney, deed preparation (including enhanced life estate deeds), trust documents, and asset transfer assistance.
Estate Planning for Different Life Stages
Young adults
Basic estate planning—especially healthcare directives and powers of attorney—ensures someone can make decisions in a medical emergency.
Growing families
Updating your will becomes urgent when you have children. Naming guardians, providing for children's financial needs, and protecting your spouse require careful planning.
Established professionals
As assets grow, consider tax strategies, business succession, and more sophisticated trust planning.
Retirement planning
Approaching retirement is a good time to review all documents to confirm they reflect your wishes and support efficient asset distribution.
Regular Estate Plan Updates
Estate plans should be reviewed after major life events and periodically to stay effective.
- Life events: Marriage, divorce, births, deaths, and other significant changes.
- Asset changes: Buying or selling major assets, starting a business, or receiving an inheritance.
- Law changes: Updates in estate planning or tax laws.
- Relationship changes: Shifts in family dynamics, beneficiaries, or trusted decision-makers.
Probate Process in Florida
Probate provides court supervision to ensure proper asset distribution and creditor resolution.
Types of probate administration
- Summary administration: Available for estates under $75,000 or when the decedent died more than two years ago.
- Formal administration: Used for larger estates or when summary administration is not available; offers comprehensive oversight.
Benefits of probate
Probate can clarify creditor claims, protect the personal representative, and provide an orderly process for distributing assets.
Working with Professional Estate Planning Services
Creating an effective will requires understanding legal requirements and the consequences of different choices. Professional guidance helps ensure documents are compliant, account for tax considerations, address family dynamics, and implement asset protection strategies.
Contact Our Vero Beach Office
Whether you are single or married, a comprehensive will is one of the most important steps to protect your family's future. Our Vero Beach office offers experienced estate planning services tailored to your needs.
Contact us to discuss your estate planning goals and learn how we can help you create a plan that protects your assets and honors your wishes.
