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The Ultimate Guide to Florida Estate Planning

Table Of Contents

Hey there! I’m Andrej Cuturic, a Florida estate planning attorney who believes that protecting your family’s future doesn’t need to be complicated.

After helping hundreds of clients protect their wealth and family with thoughtful estate planning, I prepared this guide to help you understand your options and make informed decisions.

I did my best to cut through the legal jargon and get to what really matters – the information you need to make sure you give what you want, to who you want, and on your terms.

What is Estate Planning?

Estate planning is the process of outlining specific instructions as to how you want your money, property, and other valued assets dispersed upon your death. Your estate plan includes decisions about your medical care and final arrangements, as well.

Without an estate plan, it isn’t easy to carry out a person’s wishes and can bring on a lengthy, drawn-out probate that can be very expensive for the family. If an estate plan is in place, it will provide peace of mind for you and protect your wishes for your property and life.

Understanding Your Estate Planning Options

Look, estate planning in Florida involves much more than writing a will. It’s about making smart choices that protect the people you care about most. Here are your options, explained in plain English:

First Option: Wait Until It’s Too Late

More than 50% of Americans choose this route, many of them thinking they will have more time and simply procrastinate until it’s too late to plan. While doing nothing is the lowest cost option, here’s the unfortunate side of inaction:

  • Your loved ones may inherit a legal mess
  • Florida’s laws of intestate succession will dictate who gets what (and trust me, the state’s choices might not match yours)
  • Your kids could get a huge lump sum at age 18 with zero oversight 
  • Family members you barely know might end up with your life’s savings

Second Option: A Will-Based Estate Plan

A Will, more formally referred to as a Last Will and Testament, lays out who gets what after you’re gone. You can also nominate guardians for minors that are in your care in a will. This is important for families with young children, and also, with the rise of grandparents raising grandchildren, for seniors who are responsible for minors as well.

While preparing a Will is better than doing no planning at all, here’s what you need to know:

Pros

  • Lower cost compared to a Trust based estate plan
  • Better than having no estate plan

Cons

  • Your estate will need to be settled through the Florida probate process.
  • Won’t help if you become incapacitated (you’ll want powers of attorney and a Florida healthcare surrogate designation to cover that)
  • One small dispute can lead to thousands in legal fees and months or years battling it out in court.

Third Option: A Living Trust Plan

Think of a revocable living trust as a protective container for your assets. You’re still in control while you are alive and well, and you get to write the rules for how the trust assets should be managed both during your lifetime and in the event you (or your spouse) pass away.

Pros

  • Avoids probate (when your trust is fully funded)
  • Keeps your affairs private (unlike probate)
  • Lets you add special protections for unique situations
  • Your successor trustee steps in to manage your assets if you become incapacitated

Cons

  • Most assets will need to be re-titled into the name of the trust for it to work as intended
  • Cost more upfront compared to a will-based estate plan
  • Requires some maintenance

Fourth Option: An Advanced Plan

Advanced estate planning involves using a living trust, irrevocable trusts and potentially even LLC’s or other business entities to accomplish your goals and objectives.

Advanced estate planning techniques can help you:

  • Plan for Medicaid
  • Reduce estate taxes
  • Protect assets from future lawsuits
  • Transfer your business interests to the next generation (or key employees)
  • Support family members with special needs without disqualifying them from needs-based benefits
  • Facilitate the transfer of significant wealth
  • Make charitable gifts

Creating a Plan That Works for You

Every family is slightly different, and cookie-cutter solutions lead to costly problems.

Here are some situations that need special attention:

  • Blended families need careful planning to protect everyone’s interests
  • Special needs beneficiaries require specific trust language to protect their benefits
  • Property in other states needs extra consideration
  • Business owners need succession planning
  • International assets require special handling
  • Digital assets (yes, even your crypto) need specific instructions

Essential Estate Planning Documents Every Floridian Needs

No matter which route you take (basic estate planning with a will or trust, or more advance planning), there are a few estate planning documents you will need to make sure everything goes according to plan in the event of your death or incapacity.

Last Will and Testament (or Pour-Over Will)

Your last will names your personal representative and directs how you assets should be distributed. If you have a trust, you’ll need a pour-over will that catches any assets not in your trust. The personal representative you choose will guide your estate through probate and ensure your final wishes are carried out.

Financial Power of Attorney / Durable Power of Attorney

A durable power of attorney allows you trust to make financial decisions for you become incapacitated. They can handle financial matters, property decisions, and other important transactions. Making it “durable” ensures it remains valid even if you become incapacitated.

Designation of Health Care Surrogate

Your health care surrogate makes medical care decisions when you can’t speak for yourself.
They work with doctors, access medical records, and ensure your healthcare preferences are followed.
This document gibes them clear authority to advocate for your medical care wishes.

Living Will

While a last will handles things after death. a living will addresses end-of-life medical care. It works together withe your health care surrogate designation to spell out your wishes about life support, pain management, and other critical medical care decisions.

Beneficiary Designations

These forms control who receives assets like life insurance policies, retirement accounts, and transfer-on-death accounts. You should review these designations regularly to ensure your assets will pass to the people and coordinate with your other estate planning documents.

Without these documents, Florida law (and/or the Courts) will decide who makes decisions for you if you are no longer able to and who will inherit your assets if you should pass away.

Updating Your Estate Plan

Estate planning isn’t a set-it-and-forget-it deal. Your plan should evolve as your life changes.

Here are a few common life events that should signal its time to update your estate plan.

  • Marriage or divorce
  • Birth of children or grandchildren
  • Moving to/from Florida
  • Significant changes in wealth
  • Changes in tax laws

Choosing the Right Estate Planning Lawyer

Florida has many competent estate planning lawyers, and finding the right fit for your family matters. When you work with our firm, we’ll take the time to fully understand your goals and concerns, and prepare an estate plan the gives you genuine peace of mind.

While online services offer quick document preparation, they can’t provide the personalized legal guidance your family deserves. Working with a dedicated estate planning attorney gives you:

Look, there are plenty of online services out there promising quick and cheap estate plans. But here’s the truth: they’re selling computer-generated forms, not solutions.

  • Customized solutions based on Florida law
  • Strategies that address your family’s unique circumstances
  • Clear explanations of complex legal concepts
  • Careful review to prevent costly oversights
  • Ongoing support as you move through every phase of life

We take pride in making the estate planning process clear and comfortable. Our goal is to help you create a plan that protects your family and reflects your wishes. No hard sales pitch – just clear and actionable advice so you can make an informed decision on what you need to do to protect the people and things you care about most.

Let’s Talk

If you’re ready to protect your family’s future without the confusing jargon and intimidating process, schedule a free consultation with me here or call my office at (941) 441-9193.

Remember: You are unique, and your estate plan should be as well.

At Cuturic Law, we can help you build an estate plan to fit your needs and protect your legacy.

Want to learn more or set up a consultation? Reach out today. I’ll lay out your options clearly so you can make an informed decision on how to protect your wealth and love ones.