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When it comes to making sure your wishes are respected, there are several key Florida estate planning documents you must have. These documents not only protect your assets after you pass away, but they can also help safeguard your legal rights during your lifetime. You’ll want to hire an estate planning lawyer to help explain what specific documents are relevant to your unique needs and help draft everything to be legally compliant.
Hire an Estate Planning Lawyer Today
Since 2003, the Law Office Of Douglas A. Oberdorfer, P.A., has helped countless Florida residents protect their assets and legal rights through competent and thorough estate planning. Our firm values building lifelong connections with our clients and their loved ones, helping future generations with their own estate planning process.
Planning your estate doesn’t have to be an intimidating process. Our goal is to help make estate planning easy for our clients. Let our skilled team help you secure your assets so you can move forward with peace of mind.
Florida Estate Planning Laws
No one is too young to start estate planning. This process helps individuals protect their assets and legal rights in the event of their death or incapacity. A well-rounded estate plan can include:
- A will
- A living will
- Designation of a healthcare surrogate
- Living trusts
- Power of attorney
When a person passes away, their assets go through the probate process. This is a court-overseen process that handles the collection of a person’s assets, handles their final debts and taxes, and distributes the remaining assets to the people or organizations named in their will. Between 2021 and 2022, there were 161,142 probate cases filed throughout Florida.
If you don’t have a solid estate plan, your personal wishes may not be respected, and your loved ones will have a much harder time dealing with the probate process.
Will
A will is the most common document thought of during the estate planning process. It outlines how you would like your assets and estate to be handled upon your passing. Your assets include your:
- Real estate. In 2023, the average property value in Florida was $325,000.
- Debts
- Retirement accounts
- Personal belongings
- Income. In 2024, the average household income in Florida was $77,735. This, along with real estate, is often a person’s highest-value asset and needs careful planning by an attorney to stay protected.
- Pets
- Vehicles
- Cash
- Collectibles, such as artwork or jewelry
- Bank accounts
- Digital assets, such as intellectual property
Naming who will inherit your assets can help make probate easier to navigate for your loved ones. It will help save them time, money, and avoid the stress involved in a contested probate process.
Living Will and Designation of Healthcare Surrogate
An estate plan doesn’t need to include only documents for when you pass away. A living will and designation of healthcare surrogate help make sure that your wishes for your medical treatment will be respected if you’re unable to speak for yourself.
A living will outlines how you want your end-of-life care to be handled and only goes into effect if you can’t express your wishes yourself, such as if you are in a medically-induced coma, on life support, or dealing with brain damage that doesn’t allow you to register what’s going on. This document is vital for your loved ones and healthcare team to understand what you want to happen in these scenarios, helping lift the burden of decision-making off their shoulders.
A designation of healthcare surrogate is a trusted person you can name to be in charge of your medical care if you’re unable to speak for yourself. They can help make sure your wishes are respected by following your living will. If there is no living will, this person makes decisions about your care based on what they believe is right for you.
FAQs
What Responsibilities Does a Power of Attorney Have in Florida?
In Florida, a power of attorney holder is in charge of handling tasks outlined by the individual who appointed them. For example, a power of attorney may handle the sale of a home if the homeowner will be out of the country or is too sick to do so. A power of attorney can manage a person’s money, bank accounts, bills, and even sign contracts on their behalf. The responsibilities they have are up to the individual who appoints them.
What Is a Revocable Living Trust During the Estate Planning Process in Florida?
During the estate planning process in Florida, a revocable living trust is an option that allows individuals to put assets into a trust, which then automatically passes to the beneficiary when you die, allowing those specific assets to avoid probate. The type of trust can be changed or canceled at any point during your lifetime.
What Is an Irrevocable Living Trust in Florida Estate Planning?
During Florida estate planning, an irrevocable living trust is a type of trust that allows you to put assets into it to automatically pass to the beneficiary upon your death, but it cannot be changed or canceled once created. The assets placed into an irrevocable trust legally belong to the trust. This option is often chosen for those needing to qualify for Medicaid, as the assets placed in an irrevocable trust no longer count as part of your income.
What Happens if I Don’t Have a Will When I Die?
If you don’t have a will when you die, your assets will be distributed according to Florida law. Who receives your assets depends on your family. If you have a surviving spouse and children, your assets will pass to them. If you don’t have a spouse or children, your estate would then pass to any surviving parents, siblings, and then distant relatives. This process may not reflect your personal wishes and can be costly and time-consuming for family members.
Work With a Skilled Florida Estate Planning Attorney
Reach out to the Law Office Of Douglas A. Oberdorfer, P.A., today to learn how our team can help you draft an airtight estate plan for your unique needs. We value making this process as easy to understand as possible, giving you the knowledge you need to make informed decisions about your life. Meet with our team in a confidential consultation today at our office in Jacksonville.
