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Why New Parents Shouldn't Delay Estate Planning

As new parents, life can be incredibly hectic. Between sleepless nights, constant feedings, and the overwhelming joy of caring for a new baby, it's easy to feel like you barely have a moment to breathe, let alone think about estate planning. However, having a child is one of the most important reasons to create or update your estate plan. Delaying this crucial task can have serious consequences for your family’s future.

Estate Plans Are Essential for Everyone

You might think that estate planning is only for the wealthy or those with significant assets. However, everyone has an estate. Your estate includes everything you own—your home, car, bank accounts, furniture, and even your electronics. Without an estate plan, your family may face confusion and stress trying to navigate the legal system to determine what happens to your assets.

The Importance of a Will

Creating a will allows you to:

  • Direct Asset Distribution: Specify who gets what portion of your assets.

  • Nominate a Personal Representative: Appoint someone to manage your estate, pay off debts, and distribute assets.

  • Establish Testamentary Trusts: Create trusts for various purposes, such as children’s trusts, pet trusts, family trusts, or trusts to minimize estate taxes.

  • Appoint Guardians for Minor Children: Ensure your children are cared for by someone you trust if something happens to you.

Understanding Florida’s Intestacy Laws

If you die without a will in Florida, your estate will be distributed according to the state's intestacy laws. Here’s a brief overview of what happens:

  1. Spouse: If you have a spouse, they may inherit 100% or 50% of your assets, depending on whether you have children from different marriages. If all children are from the same marriage or if there are no children, the spouse gets everything. If there are children from different marriages, the spouse gets 50%, and the children share the remaining 50%.

  2. Children: If you’re unmarried, your children inherit everything. If a child has predeceased you, their share goes to their children (your grandchildren). If there are no grandchildren, the share goes to your remaining children.

  3. Parents: If you have no spouse or children, your estate goes to your parents.

  4. Siblings: If your parents are also deceased, the estate is divided among your siblings or their descendants.

This default system might not reflect your wishes, which is why creating a will is so important.

Misconceptions About State Control

A common concern is that the state will take your property if you die without a will. However, Florida is not in the business of claiming residents' property unless there are no surviving relatives. The state's intestacy laws ensure that your assets go to your closest relatives, following a line of succession.

Inheriting Property From Abroad

Another frequent question is whether someone from another country can inherit property in Florida if you die without a will. The answer is yes. The location of the beneficiary is not an issue. Even beneficiaries located in countries like Cuba can inherit assets in Florida.

Simplifying Estate Planning for Busy Parents

Creating a will doesn’t have to be a daunting task. At The Soto Law Office, we specialize in making the process straightforward and stress-free. We understand the unique challenges new parents face and are here to guide you every step of the way. Our goal is to ensure that your estate plan reflects your wishes and provides security for your loved ones.

Taking Control of Your Estate

If the idea of the state deciding the fate of your assets doesn’t sit well with you, creating a will is the solution. It gives you control over how your assets are distributed, ensuring they go to the people and causes you care about most.

At The Soto Law Office, we help families create comprehensive estate plans tailored to their needs and goals. Whether you’re a new parent or simply looking to update your existing plan, we’re here to guide you through the process.

While being a new parent can be overwhelming, taking the time to create an estate plan is one of the most important steps you can take to protect your family’s future. Don’t wait until it’s too late. Contact The Soto Law Office today to schedule a consultation and ensure your wishes are honored.

Visit us at or call 321.972.2279 to learn more or to schedule your consultation. Let us help you secure your family’s future and bring peace of mind to your busy life.


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