What Your Will Doesn’t Cover (And How to Fill the Gaps)
Estimated Reading Time: 5 Minutes
If you’ve already created your will—congratulations.
You’ve done what 67% of Americans haven’t.
But as we covered in Part One, a will alone only goes so far.
It’s just the beginning of a full estate plan.
In Part Two, we’re showing you what your will doesn’t do, and what you need in place to protect your family from court, conflict, and unintended consequences.
1. It Won’t Keep Your Family Out of Court
A will has to go through probate, a court process, before any assets are transferred. Probate in Florida can be:
- Time-consuming
- Expensive
- Public
- Open to family disputes
If you’ve disinherited someone, or your distribution isn’t “equal,” your will can even be contested, causing delays and conflict.
Solution:
Use a revocable living trust to bypass probate and pass assets privately and efficiently.
2. It Doesn’t Cover All Your Assets
Wills only apply to assets in your name alone. They do not apply to:
- Joint accounts or jointly owned property
- Life insurance and retirement accounts with named beneficiaries
- Assets already in a trust
- Payable-on-death or transfer-on-death accounts
Solution:
Review how your assets are titled and beneficiary designations. Use a trust to control distribution and avoid gaps.
3. It Won’t Legally Protect Your Pets
Pets are legally considered property. That means:
- You can’t name them as a beneficiary
- Any money “left to them” goes to a person, who isn’t obligated to use it for pet care
Solution:
Create a pet trust. This names a caregiver, outlines your wishes, and legally ties the money to your pet’s ongoing care.
4. It Could Disqualify a Loved One With Special Needs
Leaving money in a will to a loved one with special needs can disqualify them from government assistance.
Even small inheritances can cause big problems.
Solution:
Set up a Special Needs Trust (SNT) to provide support without affecting benefits. These trusts are complex and state-specific, so it’s critical to work with an estate planning lawyer.
5. It Doesn’t Reduce Estate Taxes
Wills don’t provide any tax planning. If your estate exceeds federal or Florida tax thresholds, your loved ones could lose a significant portion to taxes.
Solution:
Use tax-saving strategies like irrevocable trusts, charitable giving, or family gifting, customized to your financial profile.
6. It Offers No Help If You Become Incapacitated
A will only takes effect when you die. If you become incapacitated due to an illness or accident, your will does nothing.
In that case, your family may have to go to court to get a guardian appointed—often someone you didn’t choose.
Solution:
You need:
- A revocable living trust (to manage your finances)
- A medical power of attorney
- A living will (to state your care preferences)
These documents give your chosen people the legal authority to act for you, and avoid court involvement altogether.
Build a Plan That Covers Everything
A full estate plan is more than just a will.
It includes:
- A Revocable Living Trust
- Guardianship Plans (especially with our Kids Protection Plan®)
- Healthcare Directives
- Powers of Attorney
- Pet and Special Needs Trusts
- Regular Reviews
Don’t Leave Gaps That Can Hurt the People You Love
Even small oversights can create big legal messes.
That’s why we don’t just draft documents, we help you build a legal plan that works when it matters most.
📞
Schedule a 15-minute call with our Client Service Director, April.
Ask your questions, talk through your family’s needs, and learn how we help Florida families like yours feel confident and secure.
What’s Next?
If you missed Part One of this series, you can read it here.
Next, we’ll be sharing real-life examples of how poor planning, or no planning, can affect your family.
Until then, let’s make sure your plan isn’t just a will…
but a legacy.
