Coral Gables Wills Lawyer | Protect Your Family Under Florida Law

Florida law determines who inherits your property if you die without a valid will. Unfortunately, that distribution rarely matches what most people actually want.

A properly drafted will under Florida law prevents this outcome. It allows you to name guardians for your children, designate who receives specific property, appoint a trusted personal representative, and reduce the likelihood of family conflict during probate. Whether your estate includes a Coral Gables home, retirement accounts, business interests, or sentimental items with minimal monetary value, a will clarifies your intentions in a legally binding document.

The Estate Plan drafts wills to satisfy Florida’s statutory requirements while reflecting your family’s unique circumstances. Call (305) 735-2689 to schedule a consultation at our Coral Gables office and put a valid Florida will in place.

Table of Contents

• Why Choose The Estate Plan for Your Coral Gables Will
• What Happens If You Die Without a Will in Florida
• Florida Will Requirements: What Makes a Will Valid
• What Should Be Included in Your Florida Will
• When to Update Your Florida Will
• FAQ for Coral Gables Wills Lawyers
• Schedule Your Consultation with Our Coral Gables Wills Lawyers

Why Choose The Estate Plan for Your Coral Gables Will

The Estate Plan focuses exclusively on Florida estate planning, probate, and trust administration. Our Coral Gables office serves families throughout Miami-Dade County who need wills that satisfy Florida’s statutory requirements while reflecting their circumstances and estate planning priorities.

We provide clear guidance during your initial consultation, explaining what provisions your will could include, suggestions for naming a personal representative and guardian, and how your will coordinates with beneficiary designations on retirement accounts and life insurance.

Our will preparation includes proper execution with qualified witnesses, self-proving affidavits that streamline probate, and detailed explanations of how Florida law affects your estate. We draft wills for first-time clients, update existing wills after marriages, divorces, births, or relocations to Florida, and coordinate wills with revocable living trusts for clients pursuing comprehensive estate plans.

Legal fees for will preparation are transparent from the start, and we remain available when life changes require amendments or complete rewrites. Call (305) 735-2689 to schedule a consultation at our Coral Gables office, conveniently located near Ponce Circle Park.

What Happens If You Die Without a Will in Florida

Dying intestate means Florida’s statutory scheme controls who inherits your estate. Under Florida Statutes § 732.102, distribution depends on your family structure:

• If you’re married with children from that marriage only: Your spouse inherits everything.
• If you’re married but have children from prior relationships: Your spouse receives half; your children split the other half, potentially creating conflict between your current spouse and children from previous marriages.
• If you’re unmarried with children: Your children inherit equally, which works for some families but fails if one child needs more support due to disability or if you wanted to leave specific items to specific people.
• If you have no spouse or children: Parents, siblings, or more distant relatives inherit according to statutory priority, and close friends or unmarried partners receive nothing regardless of your relationship.

Intestacy also means the court appoints your personal representative without your input, family members might contest who serves, and guardianship for minor children proceeds without your guidance on who should raise them.

A wills lawyer in Coral Gables, FL prevents these outcomes by documenting your actual intentions.

Florida Will Requirements: What Makes a Will Valid

Florida law imposes strict formalities for valid wills. Under Florida Statutes § 732.502, your will must:

• Be in writing (typed or printed, not oral recordings or video)
• Be signed by you at the end of the document
• Be signed by two witnesses who watch you sign and then sign in each other’s presence

While Florida law allows a beneficiary to serve as a witness, best practice is to use disinterested witnesses to reduce grounds for later challenges.

Self-proving affidavits streamline probate. When you and your witnesses sign before a notary and execute a self-proving affidavit at the same time, the probate court accepts the will’s validity without requiring witness testimony years later. This saves time and expense during estate administration.

The Estate Plan ensures every will we draft satisfies Florida’s execution requirements, includes self-proving affidavits, and withstands challenges during probate.

What Should Be Included in Your Florida Will

A comprehensive Florida will addresses multiple estate planning concerns beyond basic property distribution:

• Personal representative appointment: You name the person (and backup) who administers your estate, pays debts, files tax returns, and distributes assets. Choose someone organized, trustworthy, and willing to handle detailed financial and legal tasks.
• Beneficiary designations: Specify who receives which property. You might leave your home to your spouse, retirement accounts to your children equally, family heirlooms to specific relatives, and cash bequests to favorite charities.
• Guardian nominations for minor children: If both parents die, your will nominates who raises your children. Courts give significant weight to these nominations, though they’re not binding if the court finds the nominee unfit.
• Residuary clause: This “catch-all” provision distributes everything not specifically mentioned elsewhere in the will, preventing partial intestacy if you acquire new assets before death.
• Digital asset instructions: Modern estates include social media accounts, cryptocurrency, online business assets, and cloud-stored files. Your will should address who accesses and manages these digital properties.
• Funeral and burial preferences: While not legally binding, including these wishes guides your family during difficult decisions about services, burial, cremation, or donation.
• Disinheritance language: If you intentionally leave someone out, state that explicitly to prevent claims you “forgot” them.

Our Coral Gables wills attorneys discuss each component during your consultation to ensure nothing critical gets overlooked.

When to Update Your Florida Will

Your will should reflect your current circumstances. Major life events require immediate review and potential updates:

• Marriage: Florida law may give a new spouse rights as a pretermitted spouse if you marry after signing a will and do not update it, which can partially override your plan. Review your will after marriage so it clearly addresses your spouse’s rights under Florida law.
• Divorce: Divorce automatically revokes provisions benefiting your ex-spouse under Florida Statutes § 732.507, but you should still update your will to name new beneficiaries and personal representatives.
• Births and adoptions: Add children as beneficiaries, update guardian nominations, and adjust distribution percentages.
• Deaths: If a beneficiary or your named personal representative dies, revise your will to name replacements.
• Significant asset changes: Acquiring or selling a home, starting a business, or receiving an inheritance might require will amendments to address these assets specifically.
• Relocation to Florida: If you moved to Florida with a will drafted in another state, have a Florida attorney review it to ensure compliance with Florida law and address homestead protections.

The Estate Plan offers will review services for existing documents and prepares amendments or complete rewrites when circumstances change.

FAQ for Coral Gables Wills Lawyers

Do I Need a Lawyer to Make a Will in Florida?

Florida law does not require attorney involvement to create a valid will. However, most people benefit from legal guidance to ensure proper execution, address complex family situations, coordinate with beneficiary designations and trusts, and avoid ambiguous language that triggers litigation. Attorney fees for straightforward wills are modest compared to probate litigation costs caused by DIY mistakes.

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Where Should I Keep My Original Will in Florida?

Keep your original will in a secure location you’ve disclosed to your personal representative and family members. Options include a fireproof home safe, your attorney’s office safe, or the clerk of court’s will depository (available in some Florida counties). Never store your will in a bank safe-deposit box sealed at death before probate begins.

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Can a Will Be Contested in Florida?

Yes. Beneficiaries or potential heirs might challenge your will on grounds of undue influence, lack of capacity, improper execution, or fraud. Common contests involve second marriages, disinherited children, or significant asset transfers shortly before death. Reduce contest risk by working with a Florida estate planning lawyer who documents your capacity, ensures proper execution, and addresses potential challenges through clear, specific language.

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Schedule Your Consultation with Our Coral Gables Wills Lawyers

The Estate Plan drafts Florida wills that protect your family, clarify your intentions, and satisfy statutory requirements. Our Coral Gables office serves families throughout Miami-Dade County with straightforward will preparation, trust coordination, and ongoing estate plan updates.

We offer transparent pricing, plain-English explanations, and a consultation process that starts with your specific concerns—not generic templates or pressure to purchase unnecessary services.

Whether you need a first-time will, updates after major life changes, or coordination with existing trusts, we’ll create an estate plan that reflects your wishes and protects the people you love. Call (305) 735-2689 today to schedule your consultation and stop putting off this essential protection for your family.