Choosing the right trustee for a Special Needs Trust is essential to protect your loved one’s benefits and quality of life. Ask key questions about knowledge, time, and trust structure to ensure your chosen trustee can handle the role’s unique responsibilities with care and skill.
No Matter the Size of Your Estate, It’s Important to Have a Plan in Place to Protect Your Family
Estate planning isn’t just for the wealthy or elderly—it’s for every Florida family that wants peace of mind and control over their future. At Legacy Planning Law Group in Jacksonville, we help families put together thoughtful and customized plans that reflect their values, goals, and unique needs. If you’re wondering what your plan should include or what happens if you don’t have one, you’re in the right place.
Why Every Florida Family Needs an Estate Plan
Life can be unpredictable, and having a clear plan in place protects your loved ones from confusion, delays, and disputes. A good estate plan isn’t about how much money you have—it’s about making sure your wishes are honored and your family is cared for.
What Happens If You Die Without a Will in Florida?
Dying without a will is called intestate. That means the state of Florida decides who gets what—not you. If you’re married, your spouse may get part or all of your estate, depending on whether you have children from another relationship. If you’re single, assets might go to parents, siblings, or even distant relatives you didn’t intend to benefit.
Worse, the court will also appoint a guardian for your minor children if no surviving parent is available—and that person may not reflect your values or wishes. You also lose the chance to leave personal or charitable gifts or set up protections for financially inexperienced heirs. Even if you think you don’t have an estate plan, you do. If you don’t create your own, the state of Florida will create one for you. But it probably won’t be the one you want.
That’s why we emphasize what we call the Florida estate planning essentials: documents and strategies that form the foundation of your legal and financial peace of mind.
Key Estate Planning Documents for Florida Families
1. Last Will and Testament
Your last will and testament is the cornerstone of your estate plan. It outlines who will inherit your assets and who will be the guardian of your minor children. It also allows you to name an executor—someone you trust to carry out your wishes. Without a valid will, your estate will go through Florida’s intestacy laws, and the court will decide how your assets are split. Read more in our article, First-Time Executor? Key Steps to Ensure a Smooth Process
2. Durable Power of Attorney (POA)
A financial Power of Attorney allows someone you trust to manage your finances if you become incapacitated. This person can pay your bills, manage your investments, or handle property transactions on your behalf.
3. Health Care Power of Attorney and Living Will
A health care POA names a person to make medical decisions for you if you’re unable to speak for yourself. A living will goes hand in hand—it tells doctors and loved ones what kind of medical treatment you want (or don’t want) in serious situations.
4. Revocable Living Trust
Many Florida families benefit from creating a revocable living trust. It allows your estate to bypass probate—a lengthy and often costly legal process—and gives you more control over how and when your assets are distributed. Trusts are especially helpful if you have young children, special needs dependents, or complex family dynamics.
5. Beneficiary Designations
Even if your will says one thing, certain accounts—like IRAs, 401(k)s, and life insurance policies—will pass directly to the beneficiaries named on the account. Make sure these are current and consistent with your estate plan.
Updating Your Estate Plan for Adult Children
As your children grow up and your financial picture becomes more complex, it’s wise to revisit your estate plan. What once focused on guardianship and basic asset distribution may now require more nuanced strategies. You might consider using trusts to protect assets from creditors or to guide how funds are used. Additionally, planning with income tax differences in mind—like allocating IRAs to lower-income heirs—can help ensure both fairness and efficiency. With the right updates, your estate plan will continue to reflect your values and support your family’s evolving needs.
Protecting Your Legacy Starts With a Conversation
Starting an estate plan doesn’t have to be overwhelming. In fact, most of our clients are surprised at how easy and reassuring the process can be. At Legacy Planning Law Group, we’ll walk you through every step with compassion and clarity, making sure you feel comfortable and informed. Whether you’re just getting started or need to update an old plan, the time to act is now. Florida laws change, and your life circumstances will too. Schedule a discovery call with Team Legacy to either review and update your plan or create a new one that ensures your wishes are honored.
Key Takeaways:
- An estate plan details your wishes regarding health care and finances if you become incapacitated or pass away.
- For parents of young children, estate plans can indicate who you would like to raise your children should anything happen to you.
- Without an estate plan, assets are distributed according to the state of Florida’s laws.
- Build flexibility in your estate documents to account for whatever the future may hold.
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