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The 3 Most Common Pitfalls of Online Estate Planning

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September 4, 2025 •  Emily Hicks Law, PLLC
Online estate planning may seem convenient, but the risks can far outweigh the benefits. By working with an experienced Florida estate planning attorney, you can ensure your documents are legally valid, customized to your situation, and designed to truly protect your family.

Online tools make it easy to order groceries, file taxes, or even renew a driver’s license—but when it comes to estate planning, the DIY route often causes more problems than it solves. While online templates may seem like a convenient and low-cost way to create a will or trust, many Floridians discover too late that these documents don’t hold up under Florida law or fail to protect their families the way they intended.

Here are the three most common pitfalls of online estate planning:

1. Not Meeting Florida’s Legal Requirements

Every state has strict rules for what makes a will valid, and Florida is no exception. For example, Florida does not recognize handwritten wills (called holographic wills) that aren’t properly witnessed. A will in Florida must be signed in front of two witnesses, who also sign in the presence of the testator and each other. Online templates often fail to explain these requirements clearly, leaving families with documents that look official but are legally unenforceable.

2. Missing Key Details

Online forms tend to be “one-size-fits-all,” but estate planning is anything but generic. Small omissions—like failing to name a backup personal representative (executor) or not addressing what happens if a beneficiary predeceases you—can throw your estate into confusion. These gaps often force families into lengthy probate disputes, costing far more than the savings from using an online service.

3. Overlooking Florida-Specific Issues

Estate planning laws vary widely by state, and what works elsewhere might not apply in Florida. For example:

  • Florida’s homestead property laws restrict how you can leave your home to heirs.
  • There are special rules for blended families, minor children, and second marriages.
  • A trust or will that isn’t tailored to Florida statutes may unintentionally disinherit loved ones or trigger unnecessary taxes and court involvement.

Without guidance from a Florida estate planning attorney, it’s easy to miss these nuances—and once a mistake is discovered, it’s often too late to fix.


Bottom line: Online estate planning may seem convenient, but the risks can far outweigh the benefits. By working with an experienced Florida estate planning attorney, you can ensure your documents are legally valid, customized to your situation, and designed to truly protect your family.

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