Four Things You Cannot Put Off Any Longer (In Case You Die) To Protect Your Family
I'm not selling you anything, which is why you should take my insiders perspectives on having a will and some insurance seriously
Friends,
In between high paying corporate gigs, I took a different path for a while. I got licensed in the State of Florida for insurance and annuities, not because I wanted to sell policies for a living, but because I wanted to help my friends and family. That license is hard to get. You get three attempts to pass with a minimum of 70 percent. Who would want to do business with someone who barely scraped by on the third try? I passed the difficult Florida Insurance and Annuities exam in 2023 and only got one question wrong. To this day, it bothers me that I missed one. I take it that seriously, because when it comes to your family’s financial well being and end of life planning, you deserve to be guided by someone who knows what they are doing. You should literally ask anyone trying to “sell” you something in this space what they scored on their licensing exam. If they tell you they cannot remember, walk away. The subject matter is too difficult and too important to trust to someone who is not fully competent.
I also trained with the American Red Cross as part of their Disaster Action Team. They taught us psychological first aid, which is really about helping people think through next steps during times of crisis. That training has stuck with me. There is no finer time to use those skills than when helping people think about estate planning, insurance, and end of life decisions. That is why I have kept my Florida license current. I recently completed 24 hours of continuing education to maintain it, even while focusing on my non-related corporate career. I am not selling anything. I am not trying to build a book of business. This is the work that I want to do as my “retirement gig” because it is where my heart is.
The State of Florida also gives non lawyers the ability to assist in preparing certain legal documents using forms that have been approved by the Florida Supreme Court. I am not an attorney and I cannot give you legal advice. What I can give you is legal information, and that is what I am going to do here.
Here are the four things you must address. Most people put these off. Statistics show that nearly 60 percent (or more) of adults between the ages of 40 and 60 do not have a will. Please do not let yourself be in that group.
1. A Florida “Self-Proving” Will
A will is the document that directs how your assets are distributed after you pass. In Florida, wills must go through probate, which is a court supervised process to make sure your debts are paid and your assets are properly transferred. Probate can take months and sometimes more than a year. If you do not have a will, the State of Florida will decide how your estate is distributed under intestate succession laws. That means the state will dictate who inherits what, not you.
Here is something many people do not know. In Florida, we create what is called a self-proving will. A self-proving will is signed by you and your witnesses in front of a notary, with a special affidavit that says the will was executed properly. Why does that matter? Because when the time comes, the court does not have to track down your witnesses to testify that they saw you sign the will. That step is already “self-proved.” It makes the probate process smoother, faster, and less expensive. Families are often blindsided by delays in probate because the witnesses cannot be located years later, or because no one thought about how to validate the will. A self-proving will takes care of that.
Florida is one of the few states that allows for this, and it is a gift you can leave your family to reduce their burden at an already difficult time. If you are going to the trouble of making a will, make it self-proving. The steps are simple but game changing for your loved ones.
By the way, on that day, if you are in Florida and reading this, call on me. I will help you. You don’t have to be a Form America customer for me to show up with you at 3AM to walk you through your next steps. If you need help, on that day, find me. I will help you.
Not everything you own has to go through probate. If you have life insurance with a named beneficiary, retirement accounts with designated beneficiaries, or bank accounts set up with payable-on-death (POD designated) instructions, those assets pass directly to the named individuals. That is why checking and updating beneficiary designations is so critical. A will controls probate property, but beneficiary designations control a lot of important assets too.
2. Durable Financial Power of Attorney
This is a document where you appoint someone to act on your behalf for financial matters if you become incapacitated. In Florida, the Durable Power of Attorney takes effect the moment you sign it. It does not “spring” into action only when you become disabled, like in some other states. That means you must choose someone you trust absolutely, because once they have that power, they can act on your behalf.
With a durable power of attorney, your agent can pay bills, file taxes, manage investments, and handle property transactions on your behalf. You should pick someone you trust completely because this person has enormous authority. You can limit powers, name backups, and require accountability, but at the end of the day you are giving someone the keys to your financial life.
If you do not have this document and you lose capacity, your family might need to go to court to establish a guardianship. That is expensive, slow, and stressful. A durable power of attorney avoids all of that and makes sure someone you trust is in place immediately.
3. An Advance Medical Directive
In Florida, the Health Care Surrogate Designation and the Living Will are combined into one document called an Advance Medical Directive. This document allows you to choose who will make medical decisions for you if you are unable, and it also lets you state your wishes about life prolonging treatment. Do you want to be kept alive by machines? Under what circumstances? These are deeply personal choices. If you don’t have this document, the doctor’s decision can take precedence, even over the opinion of your family members. Get this done.
If you do not make them, the decisions may fall to doctors, hospitals, or family members who may not know what you want, and not necessarily in the priority order you would prefer. The Florida Supreme Court has created forms to make this Advance Medical Directive process straightforward, but you still need to think through your wishes and communicate them clearly in a properly documented record. A properly executed advance directive is one of the kindest gifts you can leave your family because it removes uncertainty and stress in the hardest possible moments.
Important Note on Legal Documents
I cannot give you legal advice on how to complete these court-authorized forms. What I can do is serve as your typing and form completion assistant, helping you fill in the blanks and providing legal information on how the forms must be executed in Florida. Form America is not a law firm, and we do not provide legal advice. We simply guide you in completing the approved forms correctly, so you can take them to the proper authorities or your attorney if needed.
4. Insurance for Final Expenses
At a minimum, you should have enough life insurance to pay for your funeral and final bills. This is often called “Final Expense” coverage, and why I created “Final Expense Florida” in coordination with several insurance companies that appointed me to represent them in Florida. Funerals are expensive, and leaving your family to cover those costs is not necessary when a small policy can handle it. If you have dependents, you should also consider term life insurance or annuities to protect their financial future. GoFundMe is not a death strategy. It’s a desperate plea for help from people whose loved ones didn’t plan for them. You can get final expense insurance inexpensively, because it’s meant to cover funeral costs plus a little extra for the family to navigate those first horrible few days after you pass away.
Check your beneficiary forms. These often control where the money goes, regardless of what your will says. Too many families have been blindsided because a beneficiary form was never updated. There’s one story of a former friend who lost everything because her husband never updated his will to reflect her and their kids as the beneficiary.
These are not complicated things, but they do require intentionality. Most people just put them off until it is too late. I am telling you as plainly as I can, you need to take care of this. If you live in Florida and want help with the forms or with insurance, reach out and I will moonlight this for you. If you live in another state, please take this seriously and work with a professional where you are.
I am not writing this to sell you anything. I am writing this because I have seen too many families left unprepared. My Red Cross training taught me that people in crisis need someone to help them take the next step. This is your next step. Please take it.
Disclaimer
I am not a lawyer. I do not provide legal advice or legal representation. The information above is for educational purposes and is legal information specific to Florida law where noted. If you live in Florida, I can help with insurance matters and, when permitted by the Florida Supreme Court, with completion of certain approved forms. My Florida license number for insurance and annuities is W954746. If you need legal advice, estate planning, or representation, please consult a licensed attorney in your state. Nothing in this article should be construed as legal advice, and if you need legal advice please seek guidance from a competent licensed attorney. I am able to provide you advice on insurance and annuities if you are a Florida resident.