Free will checklist

Most people sit down to do their will and freeze on the first decision. The checklist below is the same set of questions we walk new clients through at the planning intake — printed in one place so you can think about them at your own pace.

Read through, jot down rough answers, then either book a consult (we'll finalize together) or take it to whoever drafts your plan. A PDF version is linked at the bottom for printing or saving.

1. Who you are

• Full legal name (and any other names you've used).
• Florida county of residence (drives venue and homestead).
• Date of birth.
• Whether you've been married before (and how those ended — divorce, death, annulment).
• Children, including from prior relationships, including any not biological (adopted, stepchildren you're treating as your own).
• Pets you want to provide for.

2. What you have

• Your home and any other real estate (including out-of-state property — flag this for ancillary planning).
• Bank and brokerage accounts (rough total — exact balances aren't needed).
• Retirement accounts (IRA, 401(k), Roth, pension).
• Life insurance — type, rough death benefit, current beneficiary.
• Business interests (LLC, corporation, partnership, sole proprietorship).
• Vehicles, boats, valuable personal property (jewelry, art, collections).
• Digital assets — domain names, cryptocurrency, social media you want preserved or removed.
• Anything sentimental that needs specific instructions (family heirlooms, photos, letters).

3. Who gets what

• Primary beneficiaries — who gets the bulk? (Spouse? Children equally? Something else?)
• Contingent beneficiaries — if a primary doesn't survive you, who's next?
• Specific bequests — anything that should go to a specific person? (Grandma's ring to Maria. The boat to Tom.)
• Charitable intent — any organization you want to remember?
• Disinheritance — anyone you're explicitly NOT including? (Florida largely prevents fully disinheriting a spouse via elective share, but you can disinherit adult children.)
• Distribution timing — outright? Held in trust until age X? Lifetime distributions only?

4. Who's in charge

• Personal Representative (executor) — primary plus a backup. Usually a spouse, adult child, or trusted professional.
• Trustee (if a trust) — primary plus a backup. Often the same as PR; sometimes different (e.g., a corporate trustee for trust administration after death).
• Guardian for minor children — primary plus a backup. The most-overlooked decision.
• Healthcare surrogate — who decides medical care if you can't speak.
• Financial Power of Attorney — who handles finances if you're alive but incapacitated.

5. End-of-life wishes

• Living will / advance directive — what you want about life-sustaining treatment in terminal or end-stage conditions.
• Healthcare surrogate's authority scope — broad or limited?
• HIPAA authorization — who can access your medical records?
• Funeral or memorial wishes — burial, cremation, no service, specific service?
• Anatomical gifts — organ donation? Whole-body donation to a medical school?

6. Florida-specific items

• Homestead — is your home your primary residence? Have you applied for the property tax exemption? Should you consider a Lady Bird deed?
• Snowbird issues — split residency? Florida is your domicile? Out-of-state property handled?
• Florida elective share — if you have a current spouse, the elective share gives them 30% of the elective estate regardless of will provisions. Plan around it knowingly.
• Pretermitted child / spouse — Florida defaults to giving an after-acquired spouse or child a share even if the will is silent. Update your will after major life events.
• Out-of-state assets — each state may require its own probate. Plan for ancillary or use trust ownership.

7. Updates and storage

• Where will you store the original signed will? (Common: home safe, attorney's office, courthouse deposit, trusted family member's safe.)
• Who knows where the will is? (Tell at least 2 people you trust.)
• What's your update plan? (3-year review baseline + triggers like marriage/divorce/birth/move.)
• Are your beneficiary designations on financial accounts up to date?
• Is your trust funded? (If you have a trust, are assets retitled into it?)

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