Estate planning can feel overwhelming, especially with the many pitfalls specific to Florida. If you are concerned about who will care for your minor children or disabled dependents when you are gone or trying to decide between a trust vs. will, working with an experienced estate planning attorney ensures your legacy is protected. At Adriane M. Isenberg, P.A., we have been helping Gainesville and North Central Florida clients with family law and estate planning matters for over twenty-five years. Below, we explore the most common mistakes folks make, both general and Florida-specific, and how to avoid them.
1. Misunderstanding Florida Homestead Law
Florida’s homestead protections shield a primary residence from creditors, but only if used correctly. The state also imposes strict rules about how homestead property transfers after your passing. You may not be able to leave it to whomever you choose if a spouse or minor child survives you. Florida law overrides your will in these cases. Attempts to sidestep this may backfire and trigger expensive probate complications. Always address your homestead in a way that aligns with state law.
2. Ignoring the Florida Elective Share
Florida law gives a surviving spouse the right to elect a 30% share of the estate, regardless of a will or trust that disinherits them. Failing to anticipate the elective share can lead to litigation and unintended consequences, especially when a blended family or second marriage is involved. Proactive planning, such as pre-marital agreements or thoughtful asset structuring, can help preserve your intentions while respecting the law.
3. Trust vs. Will: Which is Best?
A will is a helpful tool, but it must go through probate in Florida. Probate is an often lengthy and costly court-supervised process. A trust, especially a revocable living trust, may help your loved ones avoid probate entirely and provide for smoother administration. However, trusts require proper funding, and failing to transfer assets into the trust voids its benefits. That is why legal advice on trust vs. will decisions with an experienced attorney is key.
4. No Guardianship Designation for Minor Children
If you have minor children, naming guardians and using a guardianship designation is essential. Without one, Florida courts may assign custody to someone you would not choose. Worse, disputes can arise between family members. Naming both primary and alternate guardians, and revisiting as life changes, provides peace of mind and clarity. Working with an experienced guardianship attorney like Attorney Adriane Isenberg ensures the documents are valid and correctly filed.
5. Failing to Update Beneficiary Designations
Beneficiary designations on life insurance policies, IRAs, 401(k)s, and other accounts override your will or trust. Yet many Floridians forget to update them after major life events like marriage, divorce, or death. Wrongful or outdated beneficiaries can result in assets being directed contrary to what you intended. Regularly review and update beneficiary designation forms to match your current plan.
6. Overlooking Digital Assets in Estate Planning
In today’s world, our digital footprint includes everything from online banking to social media, email, cloud storage, and even crypto wallets. If digital assets are not included in an estate plan, loved ones may face delays, legal hurdles, or even lose access to valuable online accounts, financial holdings, and personal memories. Include provisions for digital assets in your estate plan.
7. Neglecting Durable Power of Attorney and Healthcare Surrogate Laws
Estate planning is not just about death. It is also about incapacity. Without documents like a durable power of attorney and a legally compliant healthcare surrogate designation, your family might be forced into guardianship proceedings to manage your affairs. That is far more costly and emotionally draining than having a trusted agent ready. Ensure your power of attorney documents comply with Florida durable power of attorney laws and include healthcare surrogate designations.
8. Not Planning for Retirement Income Longevity
A common concern is: “How long will my money last in retirement?” Estate planning should incorporate income planning to ensure you do not outlive your assets. It is especially critical in a retirement-friendly state like Florida. Tools such as trusts, annuities, or Roth conversions can help pace distributions and preserve capital for you and your heirs. Discussing your income-duration questions with your estate planning attorney ensures your estate plan supports your needs and legacy.
9. DIY Estate Planning Without Professional Help
You may have found free or low-cost will templates online, but estate planning is not one-size-fits-all, especially in Florida. Generic documents can fail under homestead restrictions, invalid execution rules, missing electronic asset access, or improper trust funding. Consulting an estate planning attorney familiar with Florida law helps ensure documents are valid, effective, and comprehensive.
10. Overlooking Long-Term Care and Medicaid Planning
Florida has a high retiree population, and many underestimate the impact of long-term care costs. Nursing home care can rapidly erode your estate and disqualify you from Medicaid eligibility if assets are not appropriately structured. From Medicaid-compatible trusts to gifting strategies, asset protection planning can help protect your legacy while keeping your care accessible.
Smart Estate Planning Tips for Florida Residents
Mistakes and How to Avoid Them
- Florida Homestead Rules: Consult an attorney to structure your homestead property for protection and transfer.
- Elective Share Issues: Plan with prenuptial/postnuptial agreements or estate structuring to respect spousal share.
- Trust vs. Will Confusion: Use a funded trust for asset transfer; rely on wills only when probate is acceptable.
- Guardianship Gaps: Name both primary and alternate guardians for minors and disabled dependents, and document them properly in your will.
- Beneficiary Oversights: Review beneficiary forms regularly and align with your will/trust.
- Digital Asset Lockout: Explicitly authorize access to digital assets in your estate plan.
- Incapacity Planning Without Documents: Prepare durable power of attorney & healthcare surrogate documents under Florida law.
- Retirement Income Shortfall: Work with an attorney to model your retirement’s income sustainability. |
- DIY Planning Pitfalls: Use a qualified Florida-based estate planning attorney instead of generic forms. |
- Medicaid Long-Term Care Risks: Explore asset protection strategies that comply with Medicaid rules and preserve your estate. |
Work with Adriane M. Isenberg, P.A.: Your Florida Estate Planning Partner
At our firm, we focus on estate planning, including wills and trusts, within the broader context of family law. Our team ensures your estate plan reflects Florida-specific rules, from homestead law and the elective share, to durable power of attorney laws and guardianship designations.
- Need help organizing digital assets and estate planning? We will tailor access provisions correctly.
- Stuck choosing between a trust vs. will? We will guide you to an efficient structure to avoid probate if possible.
- Seeking the right guardianship attorney to name guardians for minor children or disabled dependents formally? We have got you covered.
- Are you seeking advice on beneficiary designations or drafting a healthcare surrogate directive? We will ensure everything complies with Florida law.
When you search for an estate planning attorney, let the experience and knowledge of Attorney Adriane Isenberg be the trusted answer. Contact us today at our Gainesville, Florida office at (352) 331-4922 to build a legally sound, thoroughly customized plan, so your legacy stays exactly as you intend. We represent clients throughout North Central Florida, including, but not limited to, Alachua, Gilchrist, Levy, Baker, Bradford, Union, Marion, Clay, Putnam, and Columbia Counties, Florida.