Most people assume their spouse or children automatically get everything when they die. If you don’t have a will, the state has a plan for you, and it almost never matches what you would have wanted.
A Vero Beach Will Lawyer builds a legal structure that protects your assets and your family’s future. Taking this step is about taking responsibility for your life and legacy. A properly drafted will ensures your decisions are the ones that count, not a judge's, and not some default state statute.
The peace of mind that comes from signing your will is real because you’ve taken a definitive step to secure your family's future. Call Lulich & Attorneys today at (772) 589-5500 to get it done.
Why Choose Lulich & Attorneys?
Our connection to this community is built over decades of dedicated service.
Deep Roots in the Community
Founded in 1987 by the Lulich family, our firm has provided more than 35 years of continuous service in the Vero Beach and Sebastian area. We’ve grown from a small office into a team of nearly 30 legal professionals, yet we have deliberately kept the personal, attentive feel of a family-run firm. Your family’s security is our family’s business.
Leadership & Distinctions That Matter
When you are choosing someone to draft one of the most important documents of your life, their qualifications should speak for themselves. Ours do.
- Highest Peer Rating: Managing Attorney Jordan J. Lulich holds an AV Preeminent Rating from Martindale-Hubbell, the highest possible peer rating for ethical standards and legal ability.
- Board Certified Knowledge: Jordan is Board Certified in Real Estate Law. Fewer than 7% of Florida lawyers achieve board certification in any speciality, a designation The Florida Bar calls its "highest level of evaluation." Because your home is typically your biggest asset, this specialized knowledge is a powerful advantage when drafting a will that correctly handles Florida’s unique property laws.
- Nationally Recognized: He was named a Super Lawyers “Rising Star” from 2023 to 2025, a distinction given to only 2.5% of attorneys who complete a rigorous, patented selection process.
Our Approach to Consultations
When you schedule a meeting with us, you are paying for a substantive legal strategy session from the first minute. You walk away with actionable advice tailored to your finances and family dynamics, a clear understanding of the fee structure, and a concrete plan of action.
Convenience and a Proven Record
We have two offices conveniently located in Vero Beach. Our first office is located at 1612 20th St, just South of Indian River County Main Library, while our second office is located at 4731 Jimmy Buffett Mem Hwy, next to Village Beach Market. Both offices are just a 10-minute drive from each other.
Our track record is shown in our 605+ five-star reviews and the continued trust of local banks and financial advisors, who see firsthand how our documents perform during the probate process.
There’s an assumption that an attorney, because they’re not a title company, they’re going to be a lot more expensive… we’re as cost efficient, as competitive, as responsive, and then there’s an attorney involved on top of it.
- Jordan Lulich
What a Valid Will Actually Does
Many people think a will is just a list of who gets what. Its real function is far more serious. Without your clear, legally binding instructions, your business could be paralyzed by the court, and your minor children could be placed in temporary state care while a judge figures out who should raise them.
A properly constructed will serves three distinct and powerful functions:
- Economic Control: You decide exactly who gets what. You can leave specific gifts, known as bequests, or divide the remainder of your property by percentage. This overrides the state's default "intestacy" formulas, which split assets in ways that could seriously injure a surviving spouse, especially in blended families.
- Protective Control (Guardianship): For parents with minor children, this is arguably the single most important document you will ever sign. You name the guardian of your choice. You don't leave the decision of who will raise your children in the hands of a court that doesn't know you or your family.
- Administrative Control: You appoint a "Personal Representative," sometimes called an Executor. This is the person or institution you trust to manage the entire process: paying final bills, filing court paperwork, and distributing assets to your heirs. If you fail to name one, the court appoints one for you, and it might not be the person you would have chosen.
Will vs. Revocable Living Trust: What's the Right Tool for the Job?
While both are tools for transferring assets, they function in fundamentally different ways:
- A Will is a legal document that only becomes active after you die. It directs the probate court on how to distribute your assets. All wills go through probate, which is the public, court-supervised process of validating the will, paying debts, and distributing property. A well-drafted will makes this process smoother and more efficient.
- A Revocable Living Trust is a legal entity you create while you're alive to hold your assets. You transfer ownership of your property into the trust, which you control as the trustee. When you pass away, a successor trustee you named steps in and distributes the assets according to the trust's instructions, completely outside the probate court system.
So, which is better? The answer depends on your goals.
A will is typically sufficient for people with simpler estates. However, a trust is a more powerful tool for those who want to avoid the time, expense, and public nature of probate, manage assets for beneficiaries, or plan for potential incapacity. We can determine the right approach for your specific situation during our initial strategy session.
Unique Estate Planning Challenges in Vero Beach
Our area's unique character demands a localized approach to estate planning. Using a generic online form frequently fails to address these local realities.
Real Estate & Florida's Rigid Homestead Laws
Vero Beach has a high concentration of homeowners, which brings Florida’s powerful Homestead laws into play. These laws are constitutional mandates. If you are survived by a spouse or a minor child, you cannot simply will your primary residence to a friend, a sibling, or even an adult child. A template from the internet will almost always get this wrong, creating a legal mess that has to be cleaned up in the Indian River County probate court.
Blended Families & Second Marriages
As a popular retirement destination, Vero Beach is home to many wonderful blended families. Without a customized will, a surviving spouse might inherit everything by default, which could unintentionally disinherit children from a previous marriage. We have years of experience drafting wills with carefully structured language to protect a current spouse while preserving a legacy for your children from a prior relationship.
Snowbirds & Proving Florida Residency
If you split your time between Vero Beach and a home up north, your official domicile becomes a determining legal issue for your estate. It directly impacts state taxes and which court oversees the probate process. A professionally drafted will clearly declare your Florida residency, which is the first step in helping your family take advantage of Florida's lack of a state estate or inheritance tax.
Will Drafting: The Technical Details That Matter
Florida’s Strict Execution Requirements
For a will to be valid, it must be executed with specific formalities. An error here invalidates the entire document.
- The Two-Witness Rule: Under Florida Statute 732.502, you must sign your will in the presence of two witnesses. Those two witnesses must also sign in your presence and in the presence of each other. If one witness steps out for a coffee, the entire ceremony may be invalid.
- Self-Proving Affidavits: We always include a "self-proving affidavit" with every will we draft. This is a separate, notarized statement that you and the witnesses sign. It dramatically speeds up the probate process because the court can accept the will without having to hunt down the original witnesses to testify that they saw you sign it.
Types of Wills We Handle
Your family and financial situation are unique, and your will should reflect that. We regularly draft a range of documents tailored to specific needs:
- Simple Wills: For individuals with straightforward wishes for distributing assets.
- Complex Wills: These documents sometimes include "testamentary trusts," which are trusts created inside the will itself. They are used to holding and manage assets for minor children, beneficiaries with special needs, or anyone who may not be ready to handle a large inheritance.
- Pour-Over Wills: This type of will work together with a Revocable Living Trust. It acts as a safety net, "pouring" any forgotten or newly acquired assets into the trust upon your death so they are managed according to the trust's terms.
Steps to Take Before Your Consultation
A little homework on your part helps us be more efficient and effective for you.
Step 1: The Asset Inventory
Make a list of what you own. Go beyond the obvious bank accounts and real estate. Include life insurance policies, retirement accounts (like 401ks and IRAs), stocks, business interests, valuable personal property, and even digital assets.
Note: A will does not control assets with a beneficiary designation. We need to review those designations to ensure they align with your will's goals.
Step 2: The People List
Think about who you trust for key roles:
- Personal Representative: Who is organized, trustworthy, and able to manage the financial and administrative work of settling your estate?
- Guardian for Minor Children: Who do you trust to raise your children with your values? Always name an alternate as well.
- Health Care Surrogate: Though part of a different document (a Living Will), this is typically done at the same time. Who do you trust to make medical decisions for you if you become incapacitated?
Step 3: The Hard Conversations
Once you have people in mind, talk to them. Ask if they are willing to serve. Naming someone who is unwilling or unable to take on the duties can cause significant delays and problems for your estate.
FAQ: Estate Planning in Vero Beach
If I have a will, do I avoid probate in Florida?
No, and this is a widespread myth. A will is your set of instructions to the probate court judge. All wills go through probate. The purpose of a good will is to make that process as smooth, fast, and inexpensive as possible. If your goal is to avoid probate entirely, you should ask us about a Revocable Living Trust.
Can I disinherit my spouse in my will?
Generally, no. Florida has a law called the "Elective Share," which lets a surviving spouse claim about 30% of the total "elective estate," no matter what the will says. This is in addition to powerful homestead rights that protect a spouse’s interest in the primary residence.
I have a will from another state. Is it valid in Vero Beach?
Usually, yes, as long as it was valid in the state where it was made. However, it may still cause problems. Florida has specific rules for who can serve as a Personal Representative. An out-of-state friend might be disqualified unless they are related to you by blood or marriage. It is always safer to have a Florida attorney review and update your documents to conform to local law.
How often should I update my will?
A good practice is to review your will every 3–5 years, or after any major life event. This includes a marriage, divorce, the birth or death of a family member, a significant change in your finances, or the purchase of a new home.
Does my will control my life insurance policy?
No. Assets with a beneficiary designation, like life insurance policies, retirement accounts (IRAs, 401ks), and some bank accounts, pass directly to the person named as the beneficiary. This happens outside your will and the probate process. It’s important to review your beneficiary designations regularly to make sure they are consistent with your overall estate plan.
Peace of Mind Is a Choice You Make Today
It’s natural to put off planning for the end of life. But the relief that comes once the documents are signed is real. You have taken control. You have replaced uncertainty with a clear plan. You are preventing family conflicts and ensuring your final wishes are honored.
Your family deserves a thoughtful plan from a Vero Beach Will Lawyer who knows the local laws, the local courts, and how to protect families in this community.
Let’s get your plan on paper. Call Lulich & Attorneys at (772) 589-5500. We will sit down with you, listen to your goals, and help you secure your legacy.
Estate planning is a comprehensive process that involves making arrangements and decisions to manage your assets and affairs during your lifetime and after your passing. It encompasses the creation of a strategic plan to distribute your wealth, property, and possessions in a manner that aligns with your wishes and maximizes benefits for your loved ones.
Our Vero Beach attorneys have created this guide to help you understand the process of estate planning. Download your copy today!
