Is the reading of the will a real legal process?
Attorney John Marshall dispelled the widely believed myth about the dramatic “reading of the will.” While it’s a favorite plotline on television, it is virtually nonexistent in real life. Attorneys typically avoid public will readings because they create confusion over representation—beneficiaries may mistakenly believe the attorney represents them when, in fact, the attorney represents the personal representative. In addition, surprises in a will, such as unexpected burial wishes, can cause unnecessary distress, particularly if the family has already taken irreversible actions like cremation. Public readings may make for great TV drama, but in practice, they often complicate already emotional situations.
How long does the probate process usually take in Florida?
Many people expect probate to be finalized quickly, thanks to its portrayal on TV shows. However, John emphasized that probate is a legal process that typically takes months or even up to a year to complete. Unlike fictional portrayals, real probate is never a 60-minute ordeal. Attorneys measure progress in terms of months and years, not hours or days. Although it’s not as drawn-out as criminal trials, the expectation of a quick resolution is unrealistic. Legal processes require time, documentation, and attention to detail.
Is giving someone a dollar an effective way to disinherit them?
According to John, another persistent myth is that leaving someone a dollar in your will effectively disinherits them. In truth, doing so gives that person legal standing in the probate process. By naming someone in the will—even for a dollar—you allow them access to all pleadings, court proceedings, and financial statements. A more effective strategy is to omit the person entirely or explicitly state they are disinherited. Ideally, a trust can be used to handle these matters privately, outside of the court system, further minimizing the chance of interference.
Can people really make last-minute changes to their estate plans from their deathbed?
John explained that the idea of making changes to a will on one’s deathbed is largely fiction. While it is technically possible, it is rare in practice. Estate planning attorneys must ensure the person making changes is mentally competent and not under the influence of medication, especially strong painkillers. Any changes must also be properly witnessed and notarized, following Florida law. Rushing these steps jeopardizes the legal validity of the documents and opens the door to future disputes.
Is estate planning only about death?
John stressed that estate planning isn’t just about preparing for death—it’s also about planning for life. Many individuals, especially men, avoid estate planning because they don’t want to think about death. However, estate planning includes appointing healthcare surrogates, creating powers of attorney, and making decisions for times when one may be incapacitated due to illness or injury. John shared a personal story about a car accident that left him unable to make decisions for a while—his wife, previously named as his healthcare surrogate, was able to step in and help. These documents can be essential even for short-term incapacity.
Is estate planning only necessary for the wealthy?
Another common myth is that estate planning is only for the wealthy. John argued that those with moderate or limited assets often need estate planning the most. While wealthy individuals can often afford to fix problems after the fact, average families benefit from planning ahead to avoid costly guardianship or court proceedings. By drafting key documents such as powers of attorney and healthcare directives in advance, individuals can avoid unnecessary legal fees and keep their affairs private.
Is estate planning only for the elderly?
While many people delay estate planning until retirement, John emphasized that every adult should have some level of planning in place. When someone turns 18, their parents lose the legal right to make decisions for them. For this reason, John gifts his nieces important legal documents like healthcare directives and HIPAA waivers when they reach adulthood. These documents aren’t just for the elderly—they’re important for every stage of life, and the specific documents needed evolve as a person ages.
Do you really need an attorney to create an estate plan?
John acknowledged that while people can use services like LegalZoom, the true value of hiring an attorney is the legal counsel and personalized advice they provide. Attorneys offer experience, insight, and guidance that go beyond simply filling out forms. The attorney-client relationship is built on trust, and a good attorney tailors legal strategies to each client’s individual needs. Although it’s legally possible to create an estate plan without a lawyer, working with a professional helps ensure that the plan is sound, enforceable, and strategically structured.
Conclusion
John Marshall’s episode tackled the top myths surrounding estate planning and probate, offering valuable insights for individuals at any stage of life. Whether planning for incapacity or ensuring your loved ones are protected, proper legal guidance can make a world of difference. For those interested in avoiding common pitfalls and securing a solid estate plan, John encourages reaching out to an attorney who can provide tailored legal advice and peace of mind.