Don’t Let These Errors Undermine Your Florida Estate Plan
Estate planning is about protecting your legacy, your family, and your wishes. But even with the best intentions, many people in Florida make avoidable mistakes that lead to confusion, conflict, and costly legal battles. Whether you’re starting from scratch or revisiting an old plan, knowing what not to do is just as important as knowing what to include.
1. Not Having an Estate Plan at All
Far too many people delay estate planning because they think they don’t own “enough” or believe they’re too young. In reality, if you have children, a home, or any assets, an estate plan is essential. Without one, Florida intestacy laws decide who receives your property—and the results might not reflect your wishes.
2. Failing to Update Documents After Life Changes
Marriage, divorce, births, deaths, and relocations are all reasons to update your plan. Many people forget to revise beneficiary designations, wills, or trusts after these major events. Outdated documents can cause serious issues, such as leaving assets to an ex-spouse or excluding a new child unintentionally.
3. Overreliance on a Will Alone
While a will is important, it doesn’t avoid probate. Assets controlled by a will must go through Florida’s court-supervised process. A comprehensive plan often includes a revocable living trust, beneficiary designations, and other tools to streamline the transfer of assets without probate.
4. Not Naming Alternates
Whether you’re choosing a guardian, trustee, or power of attorney, you should always name backup options. If your first choice is unavailable or unwilling to serve, the court may need to step in if no alternate is named—delaying decisions when time matters most.
5. Ignoring Tax and Creditor Implications
Failing to consider estate taxes, capital gains, or potential creditor claims can erode the value of your estate. An experienced estate planning attorney can help structure your plan to minimize liabilities and protect what you’ve built for future generations.
6. DIY Estate Planning Without Legal Guidance
Online forms and do-it-yourself kits might seem convenient, but they often lead to incomplete or invalid documents—especially in a state like Florida with strict requirements. Small mistakes can result in probate challenges, unintended disinheritance, or family conflict. Working with an attorney ensures your documents are clear, enforceable, and tailored to your goals.
Plan Smart, Protect What Matters
At Yelen Yelen & Simon, P.A., we help Florida families avoid common estate planning mistakes and create plans that truly work. Whether you’re starting new or correcting past errors, we’re here to guide you every step of the way. Call (305) 445-3721 or visit https://www.yelen-yelen.com/contact/ to schedule a planning consultation today.