Estate Planning

Verbal instructions are not legally binding in Florida, and medical providers are not required to follow them without written authority. A
properly executed advance directive—specifically a living will and designation of health care surrogate—ensures your wishes are
enforceable and removes uncertainty or conflict among family members. It also protects physicians who rely on your instructions. See Fla.
Stat. §§765.302–765.305.

Divorce has a direct legal effect on estate planning documents in Florida. In many cases, provisions benefiting a former spouse are
automatically revoked unless expressly reaffirmed. This includes beneficiary designations and fiduciary roles such as personal
representative or trustee. Understanding your marital history ensures your plan reflects your current intent. See Fla. Stat. §732.507(2).

Florida applies a 120-hour survivorship rule, meaning a beneficiary must survive you by at least five days to inherit unless your documents
say otherwise. If it cannot be determined who died first, each person is treated as if they predeceased the other, preventing assets from
passing twice unnecessarily. See Fla. Stat. §732.601.

You should evaluate whether the person is trustworthy, financially responsible, organized, and capable of handling conflict. Consider
whether they live nearby, can manage administrative tasks, and will act impartially. It is also wise to name backups or consider a
professional fiduciary if family dynamics are complex.

Yes, this does happen in real life. Unknown children, prior spouses, or previously undisclosed family members can surface, especially in
intestate estates. Florida law determines inheritance rights regardless of personal relationships. See Fla. Stat. §732.103.

You should intentionally designate specific items in your will or use a separate written memorandum for tangible personal property, which
Florida recognizes. This avoids disputes and ensures sentimental items go where intended. See Fla. Stat. §732.515.

A will is sufficient for simpler estates but requires probate. A trust provides greater control, avoids probate, and manages assets during
incapacity. The right choice depends on your goals, family structure, asset level, and whether you want privacy or multi-state planning.

While not legally required, Florida has strict execution requirements and complex laws that can invalidate improperly drafted documents.
An attorney is especially important for blended families, tax planning, or asset protection strategies.

Yes, but only if implemented properly and in advance of creditor issues. Florida offers strong protections, including homestead protection
and tenancy by the entirety for married couples. However, fraudulent transfers can be reversed. See Fla. Stat. §726.105.

Florida allows you to designate specific gifts in your will or through a separate written list referenced in the will. This is often used for items
like jewelry, furniture, and collectibles. See Fla. Stat. §732.515.

Without planning, your estate may require ancillary probate in each state where property is located. A revocable trust is often used to
consolidate ownership and avoid multiple probate proceedings.

In Florida, a personal representative must either be a resident or a qualified relative, and cannot be a convicted felon. You should select
someone responsible, organized, and capable of handling legal and financial matters. See Fla. Stat. §733.304.

Yes, you can disinherit most individuals, but not your spouse without considering elective share rights. Florida law provides surviving
spouses with a statutory minimum share of the estate. See Fla. Stat. §732.201.

A living will addresses medical decisions while you are alive but incapacitated, while a last will governs how your assets are distributed
after death. They serve entirely different purposes under separate statutory frameworks. See Fla. Stat. §§765 and 732.

A will only takes effect at death and requires probate, whereas a trust operates during your lifetime, can manage incapacity, and avoids
probate if properly funded.

A Kid’s Protection Plan focuses specifically on guardianship and immediate care for minor children, while an estate plan is broader and
includes asset distribution, incapacity planning, and tax considerations.

An estate is everything you own, while a trust is a legal entity that can hold and manage those assets.

A lady bird deed transfers real estate upon death while retaining control during life, avoiding probate for that property. A trust provides
comprehensive control over multiple asset types.

Tenancy by the entirety is a form of joint ownership for married couples that offers creditor protection, while a trust is a broader planning
tool that can manage and distribute assets.

A revocable trust can be changed or revoked and offers flexibility but no asset protection. An irrevocable trust provides asset protection
and potential tax benefits but limits control.

A revocable trust can be changed or revoked and offers flexibility but no asset protection. An irrevocable trust provides asset protection
and potential tax benefits but limits control.

Florida does not impose a state estate or inheritance tax. However, federal estate taxes may apply to large estates exceeding the federal
exemption threshold.

Inheritances are generally not subject to income tax, but certain assets like retirement accounts may be taxable when distributions are
taken.

For most Florida residents, estate taxes are zero due to the high federal exemption. However, high-net-worth individuals should plan for
potential federal tax exposure.

If no guardian is named, the court will appoint one, which may not align with your wishes. Naming a guardian in your will is critical. See
Fla. Stat. §744.3041.

Without planning, a court-supervised guardianship will hold the funds until age 18, at which point the child receives everything outright. A
trust allows structured distributions over time.

You can create a trust with staggered distributions based on age or milestones.

A special needs trust should be used to preserve eligibility for government benefits while providing supplemental support. See Fla. Stat.
§736.0403

Using a trust with spendthrift provisions can shield assets from creditors and divorcing spouses. See Fla. Stat. §736.0502

Florida allows pet trusts to ensure care and funding for animals after your death. See Fla. Stat. §736.0408.

Probate is the court-supervised process of validating a will, paying debts, and distributing assets. See Fla. Stat. Chapter 733.

Typically six months to over a year, depending on complexity and disputes.

Using a revocable trust, beneficiary designations, and joint ownership can bypass probate.

Yes, in most formal administrations, Florida requires attorney representation. See Fla. Prob. Rule 5.030

Using a trust with spendthrift provisions can shield assets from creditors and divorcing spouses. See Fla. Stat. §736.0502

Assets solely in your name without beneficiary designations are subject to probate.

A will is a legal document that directs how your assets are distributed after death

Florida intestacy laws determine distribution. See Fla. Stat. §732.103.

No, Florida does not recognize them.

Yes, based on lack of capacity, undue influence, or improper execution.

A trust is a legal arrangement where a trustee holds and manages assets for beneficiaries. See Fla. Stat. Chapter 736.

A trust avoids probate, provides privacy, and allows ongoing management of assets.

Yes, a pour-over will ensures any missed assets are transferred to the trust.

They will likely go through probate unless otherwise designated.

Generally no; instead, the trust may be named as a beneficiary in certain circumstances.

Revocable trusts can be amended or revoked at any time during your lifetime.

Most documents remain valid, but they should be reviewed to ensure compliance with the new state’s laws.