Orlando Wills & Trusts Lawyer
A will directs how your property passes after death and names who will carry out your wishes. A funded revocable living trust moves those assets to your beneficiaries without going through probate. You work directly with Clyde Lemon, who drafts both under Florida law so the plan holds up when your family needs it.
What a Florida Will Does
A will is the foundation of most estate plans. It does three core jobs. First, it names a personal representative, the person who collects your assets, pays valid debts and taxes, and distributes what remains. Second, if you have minor children, it lets you name a guardian to raise them, which is often the single most important reason young parents put a plan in place. Third, it directs who inherits your property and in what shares, so the outcome reflects your wishes rather than a default formula. Without a will, Florida intestacy law decides all of this for you, and the result is frequently not what families expect.
Florida Will Execution Requirements
Florida sets strict formalities, and a document that misses them can be thrown out no matter how clearly it states your intent. A valid Florida will must be in writing and signed by you, the testator, at the end of the document. Two witnesses must be present and must also sign in your presence and in the presence of one another. Notarization is not required to make a will valid. A notary is used only to add a self-proving affidavit, a sworn statement signed by you and the witnesses before a notary. That affidavit lets the court accept the will without tracking down the witnesses years later, which speeds probate and reduces cost. Clyde supervises every signing so the formalities are met exactly.
What a Revocable Living Trust Does
A revocable living trust holds your assets during your lifetime and passes them to your beneficiaries after death without probate court involvement. Because the trust, not the probate court, controls distribution, your affairs stay private rather than becoming part of the public court file, and your beneficiaries can often receive assets sooner. A trust also plans for incapacity. If illness or injury leaves you unable to manage your finances, your named successor trustee steps in to handle the trust assets without a court guardianship. You keep full control while you are alive and competent, and you can change or revoke the trust at any time.
Why Funding the Trust Matters
A trust only avoids probate for the assets that are actually titled in its name. This step is called funding, and it is where do-it-yourself plans most often fail. Funding means retitling your accounts and real estate into the name of the trust and updating ownership records so the trust holds them. A trust document that is signed but never funded leaves your assets exposed to the very probate process you were trying to avoid. Clyde walks through your accounts, real estate, and other holdings to make sure the trust is properly funded, and explains which assets pass another way, such as through a beneficiary designation.
Will vs. Trust: Probate Is the Practical Difference
The most useful way to compare the two is to look at probate. A will still goes through probate. It is the document that tells the probate court how to distribute your estate, but the court process still happens, with its filings, timelines, and public record. A funded revocable living trust passes assets outside probate, so there is no court administration for the trust property. A will is simpler and less expensive to set up. A trust costs more upfront and takes the added work of funding, but it can save your family time, expense, and exposure later. The right choice depends on what you own and what matters most to your family.
Pour-Over Wills and Coordinating Your Plan
Even with a well-funded trust, most clients still need a will. A pour-over will is a short will that acts as a safety net. It captures any asset you did not move into the trust during life, perhaps an account opened later or property never retitled, and directs that asset into your trust so it is distributed under the same terms. A pour-over will is also where parents of minor children name a guardian, since a trust cannot do that. Clyde drafts the will and trust to work together as one coordinated plan rather than as separate documents that might conflict.
Beneficiary Designations and Florida Homestead
A plan is only as good as the details that surround it. Many of your largest assets, such as retirement accounts and life insurance, pass by beneficiary designation, not by your will or trust. If those designations are outdated or contradict your documents, the beneficiary form usually wins, so they must be reviewed together. Florida homestead deserves special attention. Florida law places constitutional restrictions on how you may leave your homestead if you are survived by a spouse or a minor child, which can override what your will says. Clyde reviews your designations and your homestead situation so the pieces line up instead of working against each other.
Keeping Your Plan Current
An estate plan is a snapshot of your life and the law on the day you sign it, and both change. Marriage, divorce, a new child or grandchild, a death in the family, a move to or from Florida, a sale or purchase of real estate, or a significant change in your finances are all reasons to revisit your documents. A plan that no longer matches your family can be as much of a problem as having no plan at all. Clyde recommends reviewing your will and trust every few years and after any major life event, and makes updates straightforward when something needs to change.
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Frequently Asked Questions
Do I need a trust, or is a will enough?
It depends on what you own and what matters to you. A will alone is often enough for a simple estate, and it is less expensive to set up. A revocable living trust tends to make sense once you own a home, hold assets you want to keep out of the public probate record, want a smooth plan for incapacity, or own property in more than one state. Clyde reviews your specific situation before recommending one over the other, and many clients use both together.
Does a will avoid probate?
No. A will does not avoid probate. It is the document that directs the probate court on how to distribute your estate, but the court process still takes place. If avoiding probate is a goal, the usual tool is a funded revocable living trust, which passes the assets titled in its name outside of probate. The key word is funded, because only assets actually retitled into the trust stay out of the process.
What happens if I die without a will or trust in Florida?
If you die without a will or trust, you are said to die intestate, and Florida intestacy law decides who inherits and in what shares. The outcome follows a fixed statutory formula based on your surviving spouse and relatives, which often does not match what most people would have chosen. The court also appoints a personal representative and, if needed, a guardian for minor children, rather than letting you make those choices. A plan puts those decisions back in your hands.
Can I change or revoke my will or trust later?
Yes. As long as you have legal capacity, you can change or revoke both. A will can be updated with a codicil or replaced entirely with a new will. A revocable living trust can be amended or revoked at any time, which is what the word revocable means. Because life and the law change, Clyde encourages clients to revisit their documents periodically rather than treating them as permanent.
Are handwritten or holographic wills valid in Florida?
No. Florida does not recognize holographic wills, meaning a will written and signed entirely in your own hand without the required witnesses. To be valid in Florida, a will must be signed by you and by two witnesses who are present together at the signing. A handwritten document that skips these formalities will not hold up, no matter how clearly it states your wishes, which is a common and painful surprise for families.
Who should I choose as my personal representative or trustee?
Choose someone trustworthy, organized, and willing to serve, because the role carries real responsibility for handling money and following the law. Florida also limits who can serve as a personal representative. In general, the person must be a Florida resident, or, if they live out of state, a close relative such as a spouse, child, parent, or sibling. A trustee is not bound by that residency rule. Clyde helps you weigh candidates and name backups in case your first choice cannot serve.
How often should I update my estate plan?
A good rule of thumb is to review your plan every few years and after any major life event. Marriage, divorce, a new child or grandchild, a death in the family, a move to or from Florida, buying or selling real estate, or a significant change in your finances can all call for an update. Reviewing your documents also gives Clyde a chance to confirm your trust is still properly funded and your beneficiary designations still match your wishes.
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