When you have a child, estate planning stops being something for "later." The hardest question it answers is one no parent wants to think about: if something happened to both of you, who would raise your child — and who decides? In Florida, if you don't answer that question, a court does.
1. Name a guardian — this is the priority
In Florida, you name a guardian for your minor children in your will. Without one, a judge chooses who raises your children based on what the court believes is in their best interests — which may not match your wishes, and can lead to disputes among relatives. Naming a guardian yourself is the single most important reason for a young parent to have a will.
2. Make a valid Florida will
Your will names the guardian, names who manages your affairs, and directs where your assets go. To be valid in Florida it must be signed with two witnesses under Florida law. We guide you through signing it correctly.
3. Plan for your child's inheritance
Here's something many parents don't realize: a minor child can't directly receive a significant inheritance in Florida. Without planning, the court may require a supervised guardianship of the property, and your child typically receives everything outright at 18 — rarely what parents want. A revocable living trust lets you decide how and when your children inherit and who manages it for them.
4. Don't forget documents for you
A complete plan also includes a durable power of attorney and a health care surrogate and living will — so if you're ever incapacitated, someone you trust can act for you without going to court.
It's faster and more affordable than you think
Most young families assume this means an expensive lawyer and a day off work. It doesn't have to. A Florida-specific online plan lets you name a guardian, make a valid will, and protect your children in about 20 minutes — with the option to have a Florida attorney review it before you sign.
Protect Your Children Today
Take the free 3-minute quiz, then build a Florida-valid will with guardianship online — self-guided or attorney-guided by Arthur Simpson, Esq.
Start Your Will →This article is attorney advertising and general information only — not legal advice, and it does not create an attorney-client relationship. Consult a licensed Florida attorney about your family's situation. Arthur Simpson, Esq. is licensed in Florida (Bar #529265). No particular result is guaranteed.