Alana D. Horner, Esq.
As elder law attorneys, one of the most difficult conversations we have is with families who come to us after a loved one has passed away without a valid Last Will and Testament. In Florida, this means the probate estate is distributed under our state’s intestacy laws. While those laws provide a default plan, they rarely reflect what someone actually wanted.
Unfortunately, many people either never create a Last Will and Testament, or potentially worse, they attempt a DIY version that is either lacking or isn’t executed properly. The results can be costly, stressful, and heartbreaking for the loved ones left behind.
The Problems With Dying Intestate (Without a Will)
If you die without a Last Will in Florida, the law—not you—decides:
- Who inherits. The order of heirs is fixed (spouse, children, parents, siblings, etc.), regardless of your personal wishes.
- When they inherit. Even minor children could inherit directly, forcing the court to establish a guardianship until they turn 18, which can be costly and inflexible.
- How it affects benefits. If a loved one relies on means-tested government programs (like Medicaid or SSI), an inheritance could unintentionally disqualify them from receiving much needed benefits.
In situations like these, an inheritance that should have been a blessing can instead become a burden.
The Risks of DIY Wills
In recent years we are seeing more and more situations where someone drafted their own Last Will from an online form or relying on AI resources. Common mistakes include:
- Not signing or witnessing the Last Will according to Florida law, which makes it invalid.
- Overlooking assets that pass outside of a probate administration, such as jointly titled assets or beneficiary-designated accounts.
- Insufficient language results in a Last Will taking more time and money to probate.
- Unintended loss of creditor protection for the Homestead property.
- Failing to consider tax implications, government benefits, or planning for minor children or special needs loved ones.
In these cases, the family is left with the same intestacy problems—plus the added frustration and expense of sorting out the mistakes. Unfortunately, although the decedent intended to save money doing a DIY plan – it usually ends up costing much more to clean up the mess than had they worked with an attorney to prepare their estate plan from the start.
Why Proper Planning Matters
Making a valid Last Will —or better, a comprehensive estate plan—ensures:
- Your wishes are clearly stated and legally enforceable.
- Your beneficiaries avoid unnecessary court proceedings and costs.
- Inheritances are structured to protect minor children or loved ones with special needs or public benefits.
- Your family has clarity during a difficult time, instead of conflict.
Bottom Line
Intestacy is avoidable. A properly executed Last Will ensures that your legacy truly reflects your wishes and protects your family or desired beneficiaries. While DIY options may seem appealing, they often leave your loved ones with more expense and stress than if you had planned properly with an experienced attorney.
If you’re ready to make sure your plan is valid and effective, we encourage you to sit down with a Florida elder law attorney who can educate you and guide you through the process of creating an estate plan that gives you and your family peace of mind.