Do I need a Simple or a Complex Will?
Whether or not you need a simple or a complex will depends on a few factors. Of course, it is always best to consult an attorney to talk about your needs, desires, family, and assets.
Keep in mind that this guide only talks about Wills. A Revocable Trust may be a better option for you.
Do your Have Children Under 25?If you do, you will likely need a complex will. A complex will can use "testamentary trusts" to accomplish its intent. Otherwise, guardians would need to be appointed if you leave property to your kids and they are not "of age," and then all property you leave would be given to them outright at 18. That is very young to have such responsibilities. Of course, this situation only comes into place if both parents die, but as estate planners, we "plan" for all contingencies.
Do you want to Give your Entire Estate Outright to Spouse?If you do, it is simple to do so via a Simple Will. If you want to put protections in place to protect against second marriages, careless spending and paying for the support of additional children your surviving spouse may have, complex may be the way to go. This involves putting "marital trusts" inside the Will to protect your property for the use of your children, for instance.
Are you an Unmarried Couple?Florida puts protections in place for married spouses (i.e. homestead and elective shares). However, if you are not legally married, you do not have those same rights. A detailed Will can help protect your loved ones (along with joint ownership of property in certain situations).
Do you have Significant Assets?The more money and property you have, the better you need to plan against taxes, contests against the Last Will, ancillary probate, among other things. Planning is key.