What Is Not Covered in a Will?
A will is an essential part of any estate plan, but it doesn’t cover everything. Many people assume that drafting a will means every asset and decision is accounted for, but certain property types, legal arrangements, and end-of-life wishes fall outside its scope. Understanding these limitations helps Florida families make more complete, informed estate plans with guidance from Pyle, Dellinger & Naylor, PLLC.
Assets That Pass Outside a Will
Some of the most crucial property transfers do not go through the will. Instead, they follow their own legal instructions and beneficiary designations. This includes:
- Life insurance policies – Payouts go directly to the named beneficiary.
- Retirement accounts – IRAs, 401(k)s, and similar plans follow the listed beneficiary, not the will.
- Payable-on-death (POD) or transfer-on-death (TOD) accounts – Bank and brokerage accounts transfer directly to the named individual.
- Jointly owned property with rights of survivorship – The surviving owner automatically receives full ownership.
The named beneficiary or title holder takes priority even if these assets are mentioned in a will. That’s why it’s essential to keep all designations current, especially after significant life events like marriage, divorce, or childbirth.
If you’re unsure whether your current arrangements reflect your wishes, an estate planning review can help identify gaps or inconsistencies.
Decisions About Guardianship and Personal Care
While a will can name guardians for minor children and who will be your personal representative after death, it cannot legally enforce personal care instructions during life. Preferences around medical treatment, long-term care, or mental health decisions are typically addressed through advance directives, such as a living will or health care surrogate designation.
For Florida residents looking to protect their assets and their care preferences, working with estate planning attorneys helps ensure that all documents, not just the will, are in place and legally valid.
Funeral and Burial Instructions
Many people include funeral wishes in their wills, but this often comes too late. Wills are usually reviewed after the funeral, meaning those instructions might not be followed. If you have specific wishes regarding burial, cremation, or services, it’s better to communicate them directly to loved ones and document them in a separate memorandum or pre-need arrangement.
We encourage clients to discuss these details with family and document them outside the will, especially when specific cultural or religious practices are involved. Our attorneys frequently assist in organizing those details alongside estate planning.
Planning for Long-Term Care and Asset Protection
A will does not address Medicaid eligibility, asset protection during your lifetime, or how to fund long-term care. Tools such as trusts, durable powers of attorney, and Medicaid planning strategies are essential for individuals concerned about preserving assets while receiving care.
A trust attorney can provide the structure needed to plan for these eventualities. Unlike a will, a trust can operate during your lifetime and manage property according to detailed terms—even if you become incapacitated.
Build a Plan That Covers More Than Just the Basics
A will is a vital document, but it doesn’t do it all. To protect your assets, outline health care preferences, and avoid court delays, it’s essential to include other legal tools in your estate plan. At Pyle, Dellinger & Naylor, PLLC, we help families across Florida create complete strategies tailored to their lives and goals. Whether you’re starting fresh or updating an outdated plan, our firm is ready to assist. Contact us today to begin building a strategy that reaches beyond the limits of a will.
