Plenty of Boca Raton residents put off making a will because they assume it is only for the wealthy or the elderly. The truth is more nuanced. Below are the honest questions people ask before deciding, with straight Florida-law answers.
I don’t own much. Do I still need a will?
Possibly yes. A will is not really about how much you own; it is about who decides what happens. Without one, Florida’s intestacy statutes (Chapter 732) decide who inherits, in a fixed order set by the Legislature. If you would rather choose, name a specific person, or leave something to a friend or charity, you need a will to say so.
I’m married with everything jointly owned. Isn’t that enough?
For many younger Boca Raton couples, jointly titled accounts and a home held as tenants by the entirety do pass automatically to the survivor. But “enough” depends on the second death and on the unexpected. If you and your spouse were in an accident together, or if your spouse predeceases you, those automatic transfers stop helping. A will is your backstop.
I have young kids. Does a will matter for that?
This is often the strongest reason of all. A Florida will is where you nominate a guardian for your minor children. Without that nomination, a court decides who raises them, choosing among relatives who may not be who you would have picked. For Boca Raton parents, this single provision can outweigh every financial consideration.
Won’t my beneficiary designations handle everything?
They handle a lot. Life insurance, IRAs, 401(k)s, and payable-on-death accounts pass directly to named beneficiaries outside of probate. That is genuinely useful. But anything without a designation, your car, your furniture, a bank account in your name alone, still needs direction. A will catches what beneficiary forms miss, and it keeps stale designations from causing surprises.
I heard Florida has no estate tax, so why bother?
It is true that Florida has no state estate tax and no inheritance tax, which is one reason so many people retire here. But taxes are not the only reason to plan. A will controls distribution, names your personal representative, and can simplify probate. Tax savings and orderly transfer are separate goals.
Could a will help my family avoid a mess?
Yes. Dying without a will (intestate) often means a longer, more contentious probate, especially in blended families, which are common in our area. A clear will reduces guesswork and disputes. For modest estates, it can also point your family toward summary administration, a faster Florida probate track available for smaller estates or when the death occurred more than two years ago.
Is a will all I need, or should I think bigger?
For some Boca Raton residents, a simple will is plenty. For others, especially those with a higher-value home, a blended family, or a desire to avoid probate entirely, a revocable living trust may be worth discussing. There is no one-size-fits-all answer, and that is exactly why a short conversation is valuable.
A note before you decide
Whether you need a will, a trust, or both depends on your family and your assets. A licensed Florida estate planning attorney can review your situation in Boca Raton and tell you honestly what is worth doing and what you can skip.
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For more on our Florida practice, see our overview of estate planning in Palm Beach. Morgan Legal Group's affiliated New York office also handles .