Justifying Your Legacy With A Will

Here’s the truth – you have a legacy that should be protected. Unless you own absolutely nothing and have no possessions, then you have a legacy to care about. The second thought, and one that we often avoid is, “What would happen to everything you own upon your death?” We can attest to the fact that many who have gotten a will with us have all mentioned the same thing: “Why didn’t we think of this sooner?” We believe that’s because people do not fully comprehend the complexities that can occur when you die without a will.

We are the Orlando Law Group, an 11-year-old, full-service law firm located in Central Florida helping our community with all of their legal matters. In this blog, we will discuss the merits of having a complete estate plan, and how that can protect your legacy and its transference to your loved ones. No one wants to think of what would happen if they passed away, but it is necessary to make sure your possessions get passed along the way you prefer, and not caught in the convoluted purgatory of probate.

What Happens When You Die Without A Will?

Dying without a will is called dying “intestate.” If you die intestate the Florida Intestacy Statutes will determine the distribution of your assets at death. This was brought into the mainstream news when Black Panther actor Chadwick Boseman tragically passed away in August of 2020. He, after a four-year battle with colon cancer, died without a will, with an estate at an estimated value of $938,500, according to papers filed in Los Angeles County probate court. The truth is it isn’t uncommon to die intestate. In some situations, you may be content with the plan that the lawmakers determined for you, and in other situations, you may not be so happy with it. Along with not being able to decide who gets your property after you die, there are many other pitfalls that come with dying without a will that you may not be able to foresee.

Time Consuming Constraints

While dying with a will does not mean that the distribution of your property is a quick and painless process, dying without a will is surely a long, drawn-out process. If you die without a will in Florida and probate is required, a Personal representative (commonly known as an “Executor”) must be appointed. If you were to die with a will, you would have designated a personal representative in the will. Without a will, you do not get to choose your Personal Representative. This could potentially open the door for disputes among the beneficiaries as to who should be appointed as Personal Representative. They will quiet literally be forced to guess what your wishes would have been.

Expenses Rising

When you create your will, your attorney will discuss ways to avoid probate. Although probate is not especially expensive or complicated, the fights over who will administer your estate and be in charge of distributing your assets most certainly are, not to mention the fact that they can cause permanent rifts in the family. The cost to not having a plan that comes from you can be grave, and that is where so much of the value in having an estate plan can help. It takes the pressure off of your loved ones to wonder what you would like done with everything you own. Now, instead of guessing and speculating, they can carry out your wishes to specification. For many families, it is a way to come together to make sure your will is carried out, rather than argue and battle over what they thought you would have wanted. Probate is a complicated matter, but if you would like to read more about probate, we discuss exactly that in our blog right here.

Alleviating a Stressful Situation

We at The Orlando Law Group like to look at an estate plan as a gift from you to your family. It sounds odd, and the truth is that they will not realize it’s a gift until they’ve seen what can happen without one. When you observe families that have gone to literal legal war over estates, you realize that it all could have been avoided with the power and authority coming from the deceased. They could have set the record straight on how they wanted their possessions handled, but because they did not, their family is left to try and figure everything out. Emotions become raw, and greed can get the best of even the best of us when we are emotionally vulnerable.

It does not have to be this way. For the most part, having a comprehensive estate plan and someone designated to carry it out creates peace during a time of grieving. You want your loved ones focused on remembering what a beautiful life you lived, not worried about what you would have wanted your estate plan to be. With all that we have gone through in the last year, we know first-hand how precious life is. We fully comprehend how fast a situation can change, whether that be through an unexpected diagnosis or through a freak accident. We say this to help everyone understand what we understand: that a will is not for the dying, but rather for the living.

If you have questions about anything discussed here or involving estate planning, probate, or any of your legal needs, feel free to give us a call at 407-512-4394. You will reach our Waterford Lakes office, which can connect you to any of our other numerous locations. Our attorneys have a wealth of experience when it comes to what is involved in a comprehensive estate plan, and they would be happy to answer any questions that you have. Thanks for reading, and if we could leave you with one thought it is this: “Your legacy matters, so don’t wait to take measures to protect it.”

You’re proud of the estate you’ve built up. You’re proud of the home you call your own. The treasured belongings you’ve accumulated. The cash assets that you’ve worked so hard for. The investments that you tend to daily, and the business interests that have come to define your professional life. Estate Planning matters so much to you and your legacy. Your possessions should be dealt with appropriately after you’ve passed on. But how can you do this, when you’re no longer here to distribute your assets among your nearest and dearest?

We can help you with all aspects of Estate Planning.

Estate Planning is the process of creating legally enforceable documents that determine how your assets will be distributed upon the event of your death. This includes who inherits, which assets and how they are distributed. It also determines who controls the distribution of assets once you’re gone and encompasses tax considerations that must be incorporated into these documents, to ensure that your loved ones get the best possible deal, and as little of your estate as possible is subsumed by taxes.

I’ve already made a Will, isn’t that enough?

Making a Will is extremely important to ensure that you do not die intestate — meaning that the state controls what happens to your assets after you die. Nonetheless, there’s more to proper Estate Planning than making a Will. In fact, it’s just the tip of the iceberg.

If you’ve lived in the state of Florida your whole life, you’re likely aware that many people from out of state choose to move here in their later years. And it’s not just for the hot weather and the ceviche. Unlike other states, when Floridians die, their estate is very rarely subsumed by the estate. There are also no estate or inheritance taxes in the state of Florida.

Nonetheless, while living in Florida is advantageous in this regard, that doesn’t mean that your estate deserves any less than comprehensive and responsible planning.

That’s where we come in.  

As well as helping you to make a Will and nominate an executor for your estate, we can offer a range of other Estate Planning services.

These can help you to avoid disproportionate taxation, and ensure that your assets are dealt with as fairly and equitably as possible in line with your wishes. These services include…

Assigning Power of Attorney

While a Will can help you to distribute your assets after you’ve passed on, Estate Planning also means putting an infrastructure in place to protect your estate when you’re no longer able to do so yourself. Such as if you fall sick, or are diagnosed with a condition like dementia, which will affect your ability to make decisions.

When this happens, you will need to assign Power of Attorney to someone you trust. There are different kinds of Power of Attorney for different circumstances. For instance, if you know that you will be in the hospital for a limited period of time, you may wish to assign a temporary or Ordinary Power of Attorney. However, if you know that you will be unable to make decisions for the remainder of your life in the future (such as a dementia diagnosis), you will need to assign a Lasting Power of Attorney.

We can give you the support and advice you need in choosing someone to look after your estate when you will be unable to do so yourself.

If you fall ill, you may be unable to make decisions in your own best interests. However, due to the nature of patient confidentiality, your doctor may not be able to communicate directly with the person you have chosen to look after your best interests.

An advance directive is a legal document that specifies the kind of medical and personal care you would want if you should become unable to make your own decisions or communicate them to medical professionals.

Anyone over the age of 18 can be chosen to execute an advance directive, and this document is binding in the state of Florida.

Your advance directive allows you to specify:

• Who can make and communicate decisions on your behalf.
• Any circumstances under which you would not like your life to be prolonged.
• Any other wishes pertaining to your medical wellbeing that you are unable to communicate or decide yourself.

It also ensures that doctors can communicate directly with the person you have chosen.

Finding the right trust for your needs

There are many different kinds of trusts, and each serves a slightly different legal purpose. Some are designed to keep assets out of the hands of creditors, while others are intended to avoid probate court and incur tax advantages.

However, legal guidance is often needed to ensure that the right trust is selected for the client’s needs and to ensure that it achieves its intended purpose in terms of Estate Planning. We can advise on choosing the right trust to suit your specific needs, goals, and circumstances.

Validating Holographic Wills in your estate plan

If you have recently moved to Florida from out of state, you may already have a Will in place. However, if this is a Holographic Will, it may not be valid in the state of Florida.

A Holographic Will is completely handwritten and signed by the testator, but unless it has been signed by the testator in the presence of two witnesses (both of whom must be in the presence of the testator and each other when signing), it is not legal in Florida. Even if it is valid elsewhere. We can make the arrangements to ensure that a Holographic Will is legally valid.

Why you can trust the Orlando Law Group

We understand that the matter of Estate Planning is a delicate and somber subject. Nonetheless, you can trust in our years of experience, our diverse legal expertise, and our steadfast dedication to our clients and our community.

For over a decade, we’ve helped Floridians of all kinds including individuals, businesses, and associations manage a wide range of legal affairs.

Want to know more about how our team can service your legal needs? Please don’t hesitate to get in touch with us today. 

OLG LEGAL COMMENTARY:

Attorney Christina Miner

It’s important to understand that even though there are things that you should leave out of your will, drafting your last will and testament is one of the most important steps one can take. The will identifies how you want your property and assets divided and who you want to get them when you are gone. While a will can include a variety of terms, there are some things that should not be included in your will.

1. Funeral and or Burial Instructions

A will is often not located until after the funeral or burial. If you include these types of instructions in your will, most likely these wishes will not be discovered until after your funeral. It is usually better to convey your wishes ahead of time by speaking with the loved one who will most likely be responsible for handling this task or by purchasing a prepaid funeral/burial plan.

2. Leaving Gifts to a Beneficiary with Special Needs

A parent may think that leaving a large gift to a child or other loved one with special needs will ensure that the loved one will be able to live their lives to the fullest or that they will have the ability to receive all the care they need. The last will and testament is not the place to bequest an outright gift to someone with special needs. A person with special needs receiving public benefits often times can only have a limited income and limited assets. Anything over the designated amount can disqualify someone with special needs from continuing to receive benefits. There are certain types of trusts, such as a special needs trust, that specifically address the management of the specific needs of a person with special needs. The trust can be a standalone special needs trust or even a trust created within the last will and testament.

3. Leaving gifts or money for an illegal purpose

This does not happen very often, but it could be that someone tries to make a gift that says “to Joe, so long as he uses my car to transport immigrants over the border.” Inserting an illegal purpose could invalidate the entire will.

4. Assets with named beneficiaries

Life insurance, retirement plans, and financial accounts usually require a designated beneficiary be identified. Upon your death, those assets will be transferred to the named beneficiary, so they cannot be distributed by your will.

5. Jointly Owned Property

Tenants by the Entirety and Joint Tenants with Right of Survivorship mean that when you or the other joint tenant dies, the survivor automatically owns the property in full. If a gift of joint tenancy or tenants by the entirety is made in a will, it will fail. It can’t be done.

6. Property owned by a Trust

The last will and testament cannot make a gift of any assets that are owned by the trust. The property owned by the living trust automatically goes to the beneficiaries and is managed by the trustee. If you want to leave the asset to someone else or change the terms, it must be done by an amendment to the trust, not the will.

7. Conditions placed on Gifts in your Last Will and Testament

Some people want to put conditions on gifts, and that can be okay, but one must be careful. Putting conditions such as “to Mary, so long as she marries a (insert religion) man” or “to Mary, so long as she divorces her bum husband” are not allowable and the will may be held invalid. Conditions such as “to Mary, so long as she finishes college” are okay.

If you are going to take the time to create a last will and testament, make sure that your time has not been wasted. Speak to an estate planning attorney who will ensure that the will is drafted properly and will be upheld in court.

Christina Miner is a Wills and Estate Planning Attorney with The Orlando Law Group. Her practice focuses on estate planning, guardianship, probate and trust administration. She has worked for private law firms, was assistant regional counsel for the Office of Criminal Conflict and Civil Regional Counsel – 5th District, and was senior attorney for the Florida Department of Children and Families. She earned her Juris Doctorate from FAMU College of Law, and earned her bachelor’s and master’s from the University of Central Florida.

To contact Christina, visit www.TheOrlandoLawGroup.com or call (407) 512-4394.

OLG LEGAL COMMENTARY:

Attorney Christina Miner

At a recent speaking engagement, I shared my own personal family story about the dangers of not being prepared for one’s own mortality – and how that lack of preparation effects one’s family.

My grandparents, you see, were in a horrific car accident in 1994 in South Florida. My grandmother was killed on-scene. My grandfather was declared brain-dead.

They had four kids, my mother being the oldest one. When they all went to Miami, they learned that my grandfather did not have a living will, or any documentation that said what he would want if ever in such a life-threatening position. So, as such, it was left to the four children to decide.

After discussions, they agreed that my mother would make the final decision as to what to do with my grandfather. And after speaking with all doctors, and seeing that there was no possibility whatsoever for him to survive, my mother made the difficult decision to take him off life support.

And then, after he died, one of her siblings said that — had it had been left up to them — they never would have done that. That sibling blamed my mother for killing my grandfather.

More than 20 years later, there is still a rift in our family that was caused by that decision. Yet if he had a Living Will, then he would have been able to have made the decision himself, while alive. And that is what I tell people – that YOU are making the decision as to what happens to you. And in doing so, you are not putting that on anybody else. All you are doing is telling people to carry out your decision that you have already made, should that ever happen to you.

I share that story because, unfortunately, most people tend to wait too long before they consider officially filing the appropriate documentation with regard to Living Wills, Trusts, and Estate Planning. So many of us wait, not thinking that tragedy will strike, and then when it does, we are legally all for the worse.

It is not just the average citizen, though, that acts – and/or reacts – that way. It is the rich and famous, too.

Aretha Franklin’s family will most likely be finding that out now themselves.

The legendary singer, who passed away last week from a battle with pancreatic cancer at the age of 76, had no will or trust at the time of her death.

According to her attorney, in a report in the Detroit Free Press, Franklin just “never got around to it.”

Due to that inaction, Franklin’s family might potentially have a long legal road ahead of them – similar to when Ike Turner passed away. He, too, did not have a will, and his estate has been in litigation for 11-plus years.

With regard to Aretha Franklin, the laws in Michigan say that her estate is supposed to go to her children. But since she did not have a specific will or trust, other relatives can technically come in and try to get something from her estate. By not having a Will in place, it opens the door for other people to come in and argue that they should have a piece of the pie. They can go potentially go to court and argue that they have an interest and deserve a cut of the estate.

The cost to do so, though, is not just time. Many dollars are uselessly spent by families on attorney and other legal fees, in order to contest the estate and go through litigation matters. Depending on how much time respective attorneys need to put into various matters, it can cost thousands of dollars each year for families to go through the process. And how do those fees get paid? By monies held in the estate. Thus, the estate value lowers with each dollar spent on those fees.

Throughout my career, I have seen too many examples of families arguing over what many would perceive as petty issues. I have heard of family members feeling like they deserved more money than was left for them, so they spent thousands and thousands of dollars on challenging the Will, with the case still being in court. I have seen families arguing with one another about estates that had nary a dollar in it. And I have seen heartbreaking cases where a young loved one passes away, and estranged family members receive monies that other family members feel that they do not deserve.

And virtually all of this – be it with regard to the families listed above, your family, or even Aretha Franklin’s family potentially — could be prevented by simply finding the 30 minutes to visit with an attorney and fill out the proper Wills, Living Wills, and/or Trust documents.

As for my respective family?

Well, after both grandparents died in that crash, almost my whole entire family got Living Wills.

And as for me? It helped lead me here, to help you with yours.

Christina Miner is a Wills and Estate Planning Attorney with The Orlando Law Group. Her practice focuses on estate planning, guardianship, probate and trust administration. She has worked for private law firms, was assistant regional counsel for the Office of Criminal Conflict and Civil Regional Counsel – 5th District, and was senior attorney for the Florida Department of Children and Families. She earned her Juris Doctorate from FAMU College of Law, and earned her bachelor’s and master’s from the University of Central Florida.

To contact Christina, visit www.TheOrlandoLawGroup.com or call (407) 512-4394.

Members of the media wishing to contact Christina or any other OLG attorney should call 20 A-M COMMUNICATIONS at (407) 917-20AM (2026).