Marco Island Wills Lawyer

A Marco Island Wills Attorney Who Helps You Put Your Wishes in Writing

Deciding who raises your children, who inherits your home, and who manages your savings after you are gone is one of the most personal decisions a person makes. Without a plan in writing, that decision is left to default rules that may not match what you would have actually chosen for your family.

James R. Nici, a Marco Island wills lawyer with Nici Law Firm, is board certified in Wills, Trusts & Estates by The Florida Bar, one of fewer than 250 attorneys in Florida with that certification.

He helps families across Marco Island, Naples, and the rest of Southwest Florida put their wishes into a will that actually holds up when it matters.

When you work with our firm, you leave with a document that reflects your choices, not a stranger’s guess at what you would have wanted. Reach out to start that conversation.

Types of Wills a Marco Island Estate Planning Attorney Can Prepare

Every family’s situation calls for different documents. At Nici Law Firm, we draft:

• Simple wills that name a guardian for minor children and direct who receives your property
• Pour-over wills that work alongside a revocable trust
• Wills for blended families that balance a current spouse’s needs with children from an earlier marriage
• Codicils that update an existing will after a marriage, divorce, or new grandchild
• Health care surrogate designations and durable powers of attorney that work alongside your will
• Wills for second homeowners who split time between Marco Island and another state

Each document is written around your specific family and property, not pulled from a generic online template.

What Happens in Collier County If You Die Without a Valid Will

Florida law sets specific signing and witness rules for a will to count as valid. Missing even one of those steps, such as having only one witness sign instead of two, can lead a court to throw out the entire document under Florida’s will-execution law.

When someone dies in Florida without a valid will, Florida’s intestacy law decides who inherits, regardless of what the person might have wanted. That can mean a spouse unexpectedly shares the estate with children from a prior relationship, or that a stepchild who was never legally adopted receives nothing at all.

For Marco Island residents, that estate is typically opened for probate at the Collier County Courthouse in Naples, part of the Twentieth Judicial Circuit. This reflects Florida law as of October 2026.

How Our Marco Island Wills Attorney Builds Your Estate Plan

James R. Nici was admitted to The Florida Bar in 1994, holds an LL.M. in Taxation, and has been named to Super Lawyers every year from 2009 to 2026. He is a Florida Bar Board Certified Specialist in Wills, Trusts & Estates, one of fewer than 250 attorneys in Florida with that certification. His tax training helps Marco Island families structure gifts and inheritances in ways that limit unnecessary tax exposure.

Through the Strategic Estate Planning System®, he works with you to turn your goals into a will and supporting documents that look after the people you name.

James also applies the 3 Ds of Beneficiary Protection, which address three risks to an inheritance: damages, divorce, and disability. The result is a plan shaped around your family, not a one-size-fits-all form pulled off a shelf.

What Marco Island Clients Say About Working With Us

Clients who have worked with James Nici describe the experience in their own words.

These reviews reflect individual client experiences, and results in any one matter don’t guarantee the same outcome in another.

Frequently Asked Questions

Do I need a will if I already have a trust?

Most people with a trust still need a will, often called a pour-over will. It catches any property left out of the trust and directs it where you want, and it is the only document that can name a guardian for minor children.

Where is a will probated for someone who lived on Marco Island?

Marco Island does not have its own probate court. Estates for Marco Island residents are generally opened at the Collier County Courthouse in Naples, part of the Twentieth Judicial Circuit, which also serves Charlotte, Glades, Hendry, and Lee counties.

How much does it cost to have a will prepared in Florida?

Costs vary based on how many documents you need and how complex your estate is. For a will, the first consultation is free and lasts 30 minutes, and it’s a chance to talk through your family situation, your goals, and which documents may make sense before any work begins.

Can I write my own will in Florida without an attorney?

You can, but Florida has specific signing and witness rules that a homemade or online will often misses. A single missing signature or witness can leave your family arguing in court over whether the document is even valid.

How often should I update my will?

Review your will after any major life event, including a marriage, divorce, new child or grandchild, move to a new state, or a significant change in what you own. Many families also review it every few years simply to confirm it still reflects their wishes.

What happens to my minor children if I never name a guardian?

If both parents die without naming a guardian, a Florida court decides who raises your children based on state guidelines, not your personal preference. Naming a guardian in your will is the only way to make that choice yourself.

Can a trust help my family avoid the probate process?

Property properly transferred into a revocable trust during your lifetime generally passes to your beneficiaries without going through probate. A will alone, even a valid one, still has to go through the probate process in most cases.

Estate Planning Designed Around Your Life

Schedule a Planning Session

Start Your Marco Island Will With a Free Consultation

Request your free 30-minute consultation with a Florida Bar Board Certified Specialist in Wills, Trusts & Estates serving Marco Island and Southwest Florida, and our team will reach out to schedule it.