We’ve had this conversation more times than we can count. A family calls after losing a parent, only to discover that the online will their mom or dad created isn’t legally valid. Now the court is involved, Florida’s intestacy laws kick in, and what should have been a straightforward transition turns into a costly, painful mess, at the worst possible time.
A recent MarketWatch article, “I’m 84 with two children. My wife passed away and now I want to do estate planning. Can I just go online?” puts a face on exactly this situation, and it’s worth talking through.
A will alone isn’t enough. And an online will is rarely enough of that.
An 84-year-old widower needs more than a document he clicked through on a website. He needs a Durable Power of Attorney, a legally sound one, so that a trusted person can step in and manage his finances if he gets sick, is hospitalized, or simply can’t handle his affairs anymore. Without it, his bills don’t get paid and his investments go unmanaged until a court says otherwise.
He also needs a Healthcare Power of Attorney (sometimes called a Healthcare Proxy). This document allows someone he trusts to communicate with his doctors and make medical decisions on his behalf if he’s ever unable to speak for himself.
At 84, it’s easy to feel like “I’m fine, I don’t need that yet.” But that’s exactly when these documents matter most. Without them, his two children would have to go to court to obtain legal authority to help with his care and finances. That process takes time, costs money, and adds stress to an already difficult season.
And here’s the part online tools can’t account for: what happens if one of his adult children dies before he does? Who receives that child’s share? These gaps in planning don’t just create legal headaches — they can fracture families.
Florida law matters. So do the details.
These documents are state-specific. In Florida, they must comply with state statutes, and they often need to be customized to fit a person’s actual circumstances. No generic online form knows that he has a joint bank account that was titled with his late wife, or that he has a life insurance policy with an outdated beneficiary designation. An experienced estate planning attorney will catch these things, because we’re looking at the whole picture, not just filling in blanks.
Here’s where to start.
If you or someone you love is in a similar situation, the first step is simple: make an appointment with a Florida estate planning attorney. From there, you’ll want to review how your assets are titled, check your beneficiary designations on bank accounts and life insurance, and make sure your plan actually reflects what you want to happen.
Getting this right the first time saves your family an enormous amount of stress, delay, and expense down the road. And when the time comes to administer the estate, having an attorney who already knows you and your plan makes that process far smoother, something no online tool can offer.
This is personal work. It requires someone who understands your life, your family, and what matters most to you. That’s what we do at Smylie Legacy Law.
If you’re ready to put a real plan in place, we’d love to help. Book a free call with our team at smylielegacylaw.com/book-a-call.
Reference: MarketWatch (May 29, 2026) “My wife passed away and now I want to do estate planning. Can I just go online?”