Why Your Will Isn’t Enough: What Every Florida Family Should Know

Estimated Reading Time: 5 Minutes

August is National Make-A-Will Month - great reminder to get your affairs in order.
But if you've already created a will, don’t stop there.

You’ve taken a meaningful first step, but it's just that, a first step.

According to Caring.com’s 2025 study, only 24% of Americans have a will. If you’re in that group, you’re ahead of the curve. Still, merely having a will is not enough: most people lack any substantive estate plan, and too many assume that a basic will alone is sufficient to protect their family, their wishes, and their legacy.

It’s not.

Let’s break down what a will does, and just as importantly, what it doesn’t.

What a Will Actually Does

A will is essentially a letter that you are writing to the Probate judge to explain to the judge how you want your assets to be distributed when you die. It serves a few key functions:

1. Decides Who Gets What
You can name who inherits your assets and how they’re divided. But there’s a catch:

A will only applies to assets owned solely in your name. It does not cover jointly owned property or accounts with beneficiary designations (like life insurance or retirement accounts).

If you don’t have a will, Florida law takes over, and your assets may go to people you never intended.
2. Names a Personal Representative
You can choose who handles your estate after you pass. This person called a personal representative in Florida must:

File your will with the court
Locate and value your assets
Pay off debts and taxes
Distribute what’s left to your heirs

It’s a big job. And without clear instructions, it can turn into a legal headache.
3. Names Guardians for Your Children
If you have minor children, you can name who should raise them. But relying on your will alone? That’s risky.

Here’s why:

Wills aren’t reviewed until after your death.
There may be a gap in care where your children could be placed with stranger temporarily or permanently.

Most estate plans even those done with an attorney don’t cover this gap unless specifically addressed.

That’s why we offer a Kids Protection Plan® with every estate plan for parents. It adds critical layers of protection to make sure your children are raised by people you trust, without court delays or temporary foster care.
4. Backs Up a Living Trust
If you have a living trust (or are thinking of creating one), a special “pour-over will” is included. It catches any assets left out of your trust and moves them into it through probate.

But again, that means:

Your family still goes through probate
There are delays and costs
It’s better to place key assets into your trust now

What a Will Can’t Do

A will only gives you limited control. It won’t:

Avoid probate
Keep your affairs private (wills become public record)
Help if you become incapacitated
Protect your children fully without additional legal steps
Apply to assets with beneficiaries or co-owners

If you're relying solely on a will, you're leaving major gaps.

Think of Your Will as the Foundation,

Not the Finish Line

Your will is a tool, not a plan. A full estate plan includes:

A Revocable Living Trust to avoid probate and keep things private
Power of Attorney to handle finances if you’re unable to
Advance Healthcare Directives for medical decisions
A Kids Protection Plan® for families with minor children
Regular reviews to keep everything updated

All of this works together to give your family real protection and peace of mind.

What to Do Now

If you:

Don’t have a will yet let’s help you get started
Have a will, but no trust or guardianship plan, it’s time to fill the gaps
Already have documents, we’ll review them for risks or outdated terms

📞 Schedule a free 15-minute call with our Client Service Director, April, to ask questions, explore next steps, and see if we’re the right fit to help protect everything you love.