You should not delay Florida estate planning because accidents, illness, and death are unpredictable, and without a plan, Florida courts and state law make key decisions for you. A complete estate plan lets you choose who makes medical decisions for you, who cares for your children, and who receives your assets.
This applies to new Florida residents with an out-of-state plan, retirees, busy working parents, and anyone who has built assets they want to protect.
Who Needs a Florida Estate Plan?
- Recent transplants: If you moved to Florida with an out-of-state will, have a Florida estate planning attorney review it. State-specific rules can affect how your documents work here.
- Retirees: Staying active in retirement doesn’t remove the need to name decision-makers and beneficiaries.
- Working parents: If your schedule is full of work, games, recitals, and vacations, a plan ensures your children are cared for if something happens to you.
- Asset owners: If you’ve worked hard to build your assets, a plan lets you decide who receives them.
Reason 1: What Happens If You Become Incapacitated?
Anyone can be incapacitated by an accident, injury, or illness at any age. A plan made in advance lets you state your wishes while you can still express them. Two key documents are:
- Health care surrogate: Designates someone to make sure your treatment preferences are carried out if you cannot speak for yourself.
- Living will: Specifies which medical interventions, and how much, you would want at the end of life.
Reason 2: How Do You Protect Your Family and Dependents?
A Florida estate plan addresses the future care of the people who depend on you. Most plans include a last will and testament and often one or more trusts.
- A will lets you name a guardian for your minor children.
- Wills and trusts let you set aside money for your children’s immediate and future needs.
Without a plan, the courts may step in to appoint a guardian for your minor children and decide how your assets are used for them.
Reason 3: Who Gets Your Assets If You Die Without a Will in Florida?
If you die without a will in Florida, your property is distributed according to Florida’s intestacy laws, not your wishes. With a plan, you name who receives your assets and appoint a personal representative to carry out your instructions. Your attorney can draft your will and any trusts needed.
Frequently Asked Questions
When should I create a Florida estate plan?
As soon as possible. Incapacity and death can happen without warning at any age.
I moved to Florida with an out-of-state will. Do I need a new one?
You should have a Florida estate planning attorney review it. Moving is a common trigger for updating your plan.
What documents are in a Florida estate plan?
Typically a last will and testament, one or more trusts, a health care surrogate designation, and a living will.
What happens if I die without a will in Florida?
Your property is distributed under Florida law rather than your wishes, and courts may decide guardianship for minor children.
Can’t I just use online resources?
Laws and regulations are complex and the stakes are high, which is why more people seek guidance from an experienced attorney.
Talk to a Florida Estate Planning Attorney
Beacon Legacy Law™ provides customized estate planning guidance, backed by nearly 15 years of serving clients in Palm City and Stuart, FL.
Call (772) 261-9368 or contact us online to schedule an initial meeting.
Service areas: Stuart, Palm City, Jensen Beach, Jupiter, Jupiter Island, Tequesta, Hobe Sound, and Port St. Lucie.
