Your Will Won't
Keep Your Family
Out of Court.
Your Trust Will.
Most people think a will is enough. Under Florida law, it is not. A will is instructions for the probate court — your family still has to go through the entire court process. A properly funded revocable living trust is the only document that keeps them out of it entirely. Let's find out where you stand.
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Four Things Most Families Believe — That Florida Law Contradicts
These are the gaps that cost South Florida families the most — not because of bad intentions, but because no one explained how Florida law actually works. Every fact below is grounded in specific Florida statutes.
A will is not a court bypass — it is instructions for the court. Under Florida law, any asset titled in your name alone must go through probate, regardless of what your will says. A $500,000 estate with a will still costs your family roughly $15,000 in attorney fees under §733.6171's 3% schedule, plus 9 to 24 months of waiting. Only a properly funded revocable living trust bypasses probate entirely.
Florida Statute §733.6171Florida does not recognize handwritten wills as a separate legal category. Under Florida Statute §732.502, every will — typed or handwritten — must be signed by the person making it AND witnessed by at least two people simultaneously. Courts have no discretion to excuse a failure to meet these requirements. A handwritten letter found in a drawer has no legal force, regardless of how clearly it expresses your wishes.
Florida Statute §732.502Not always, and sometimes not by much. Under Florida's intestacy law, if you have children from a prior relationship, your spouse inherits only half your estate — and your children split the other half. Additionally, under §732.201, a surviving spouse can claim 30% of your elective estate (including revocable trust assets and retirement accounts) even if your will leaves them less. In blended families, this creates outcomes almost no one intends.
Florida Statutes §732.102 & §732.201A trust document alone does nothing. A trust only protects assets that are actually transferred into it — a step many families skip entirely. A revocable living trust with no assets in it is a binder on a shelf. Your home must be re-deeded into the trust. Your bank accounts must be re-titled. Your investment accounts must name the trust. An unfunded trust leaves your family in exactly the same probate position as no trust at all.
Florida Trust Code — Trust Funding RequirementIf Any of These Sound Familiar, You Are in the Right Place
"I keep meaning to do this, but something always comes up."
Life is busy. Planning for death and incapacity is easy to postpone indefinitely. But the need for your documents can arise without warning — illness, accident, or sudden death have no regard for your schedule. The family members who suffer the consequences of an estate without proper planning are the people who loved you most. One free conversation is all it takes to start — in our office or virtually, on your schedule.
"I want what I leave behind to actually reach my kids — not their ex-spouses."
This is one of the most common and underserved concerns in estate planning. Without specific trust language, an inheritance your child receives today can become marital property tomorrow — and half of it could disappear in a divorce. Bloodline planning through properly structured trust provisions ensures your assets flow to your children and grandchildren, protected from creditors, divorces, and blended family scenarios you cannot predict today.
"I'm worried about what happens to my kids if something happens to both of us."
This is the question that finally gets most parents through our door. Without a will designating a guardian, a Florida court will decide who raises your children. Without a trust, they cannot receive a large inheritance responsibly until they are adults — and a court manages their money in the meantime. A complete estate plan addresses both: who raises them and how their inheritance is protected until they are ready for it.
"I have no idea what I actually need or where to even start."
Most people do not — and that is completely normal. Estate planning terminology is not taught anywhere, and the landscape of trusts, wills, powers of attorney, Lady Bird deeds, and IRA trusts can sound overwhelming before someone explains it in plain language. Our team — Barry, Jay, Abby, and Madison — spends the first conversation doing exactly that: explaining clearly what your situation requires, what it costs, and why each piece matters. No jargon. No pressure. No obligation.
Plans Built for Your Family. Backed by a Team. Reviewed for Life.
Each Document Serves a Specific Purpose. Together, They Cover Everything.
A complete estate plan is not one document — it is a coordinated set of legal instruments, each designed to address a specific gap. Here is what each piece does and why it matters for your family.
Watch Barry Siegel Explain What Most Families Get Wrong
Short and honest. Barry explains the estate planning questions South Florida families ask most — without legal jargon.
Hear What Happened After John Called Barry Siegel
Over a thousand South Florida families have trusted The Siegel Law Group with their most important decisions. Here is one of them, in their own words.
"Barry and his team gave us peace of mind we did not even know we were missing. Every question was answered, every document explained. We finally have a plan that actually protects our family."
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Trusted by Thousands of South Florida Families
"Barry and his team made a process I had been putting off for years feel completely manageable. They explained every document in plain language, answered every question, and created a plan that truly fits our family. I finally have the peace of mind I did not know I was missing."
"We came to Siegel Law Group after my father-in-law passed without a will. The probate process was a nightmare — over a year and thousands of dollars. We immediately set up our own trust. Barry's team handled everything, including re-deeding our home. I recommend them to everyone I know."
"I moved to Florida full-time and my northern estate plan was completely inadequate under Florida law. Barry's team caught things I never would have found — the homestead issue alone would have been a problem for my heirs. They rebuilt our plan from scratch and it is exactly what we needed."
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