Most families don’t anticipate conflict over an estate, especially when everyone thinks they know what the decedent wanted. But small informal choices, such as verbal promises, quick notes, or comments made at family gatherings, can cause real trouble later. Memories rarely line up, and sentimental items often spark the toughest disputes. What seemed like a simple plan during life can turn into tension, competing filings, or even a full-blown court fight after someone passes.
People avoid formal planning for many reasons. Some feel uneasy discussing death; others assume their estate is “too small” to warrant structure.
Informal notes or conversations seem more straightforward in the moment, but they leave a wide gap between what someone intended and what the law will enforce. Blended families, second marriages, and long-standing tensions only increase the risk. When a will or trust doesn’t reflect those informal promises, the surviving relatives are left to sort it out themselves, often in court.
Florida law requires straightforward formalities. A will must be signed by the testator and witnessed by two people; trusts have their own requirements as well.
Courts very rarely enforce verbal promises, and even written notes usually fail unless they meet statutory rules. When an estate plan is vague or outdated, judges fall back on default intestacy laws, which may send assets to relatives the decedent never intended to benefit.
A sound plan doesn’t rely on family members “remembering what you said.” It depends on documents that hold up under Florida law. That means identifying specific gifts in writing, updating beneficiary designations, and aligning jointly owned property with your broader goals. It also helps to communicate these choices ahead of time, as a short conversation can prevent misunderstandings and set expectations long before anyone opens the estate.
If you want an estate plan that won’t be second-guessed later, Schnauss Naugle Law can help you put clear, enforceable documents in place. Call 904-643-6342 or fill out our contact form to start building a plan your family can rely on.
