Do Your Initial Assessment: Wills And Legacy Planning

Last updated on October 22, 2026

Most people think estate planning is just about money and real estate. However, a good estate plan is actually the final gift of peace you leave behind. It makes sure your family does not have to guess what you would have wanted during an already heartbreaking time.

At Westchase Law, P.A., we believe that talking about your life’s work should feel like a reassuring conversation around a kitchen table, not a cold lecture in a boardroom.

We are led by C. Todd Marks, with over 25 years’ experience, and Kelly M. Albanese, Esquire, a Florida board certified specialist in marital and family law. We know that one-size-fits-all internet forms cannot protect a business owner, a professional, or a growing family. Instead, we listen to your story and build a custom plan that aims to bring real order and security to the next generation.

The Strict Rules For A Valid Will In Florida

A last will and testament is the foundation of your plan, but Florida courts are incredibly strict about how it is written and signed. If your document misses even one minor legal detail, the state can throw your wishes out completely and divide your property using a rigid, automatic formula.

To stand up in court, a legal will in Florida must follow these exact steps:

• Proper execution: You must put the document in writing and sign it at the very end.
• The two-witness rule: You must sign your will in front of at least two witnesses, who must then sign it in front of you and each other at the exact same time.
• Self-proving affidavits: We always add a notarized “self-proving” page. This extra step allows the court to fast-track your will during probate later, without the hassle of tracking down your original witnesses to testify.
• Demonstrate that you have capacity to execute these documents.

By taking care of these technical steps for you, we eliminate loopholes and make sure your voice is the final authority.

Why DIY And Online Templates Fall Short

It is tempting to use a quick online template. However, generic software lacks the intuition to handle unique tax rules, corporate partnerships, or blended family dynamics.

A single confusing phrase or an improper signing ceremony can easily spark painful court battles among your heirs. Working with a dedicated estate attorney can help guarantee that your plan handles your real estate, investments, and business agreements seamlessly.

Naming Trusted Guardians And Executors

Your will allows you to stay in total control of two of life’s biggest decisions: who manages your assets and who raises your children.

Through your will, you appoint a personal representative (also called an executor) to oversee your estate, pay final bills, and distribute your assets. Even more importantly, your will is the only legal document where you can formally name a guardian for your minor children. Without these direct instructions, a local judge will make that choice for you, which could place your children with a relative you wouldn’t have chosen.

Do Wills Bypass Probate Court?

A very common myth is that having a will allows your family to skip probate court entirely. In reality, all wills must go through probate. Your will simply acts as an official roadmap for the judge, confirming exactly how you want your assets split and who should run the process.

If your primary goal is avoiding probate court entirely to keep your family’s finances private, we can combine your will with revocable or irrevocable trusts to transfer high-value property and business assets outside the courtroom.

Your Essential Estate Checklist: Protecting You While You Are Alive

A truly protective plan covers more than asset distribution after you pass away. It must also shield your family if you ever face a sudden medical crisis or cannot speak for yourself.

That is why we package your will preparation with three vital medical and financial safety nets:

• Durable power of attorney: This empowers a trusted advocate to step into your shoes and manage your financial affairs instantly, avoiding stressful court delays if you are ever incapacitated.
• Living will: This outlines your precise choices regarding medical intervention and end-of-life care, sparing your family from making heartbreaking decisions on their own.
• Healthcare surrogate designation: This names a specific person authorized to make immediate medical decisions on your behalf if you are unable to communicate with doctors.

By implementing these supportive documents alongside your will, we establish a comprehensive safety net that protects your dignity and autonomy both now and in the future.

Frequently Asked Questions About Wills

When you begin thinking about an estate plan, it is entirely natural to have questions about how the laws work. We have answered a few of the most common questions our clients ask below.

Why do I need a will?

A will prevents your estate from freezing. Without it, banks automatically lock your accounts when you pass away. A valid will gives your chosen executor the immediate legal power to step in, access funds, and support your family without lengthy delays.

What happens if someone dies without a will?

When someone passes away without a valid will, their assets are distributed through Florida’s strict intestate laws. Property is automatically divided among legal relatives based on a fixed formula, regardless of your personal relationships or what you actually wanted.

How often should I update my will?

It is a good practice to review your estate plan every three to five years. However, it is better to update it immediately following major life milestones, such as a marriage, a divorce, the birth of a child, or a significant change in your business or real estate portfolio.

Give Your Family The Gift Of Certainty

Securing a lifetime of achievements takes a compassionate legal ally who truly respects your peace of mind. Let our experience bring structure, comfort, and clarity to your family’s future.

Call Westchase Law, P.A., today at 877-259-2394 or fill out our form to schedule your private, thorough legacy consultation at our Westchase office.