Top Estate Planning Mistakes Floridians Should Avoid
Estate planning is about more than writing a will. It’s about protecting your family, your home, and your future. Yet many Floridians make critical mistakes that leave loved ones facing unnecessary costs, delays, and stress. The good news is that with the help of an experienced estate planning attorney, these mistakes can be avoided.
Here are the five most common pitfalls we see in Florida estate planning—and practical steps to keep your plan on track.
Mistake 1: Relying Only on a Will
A will is an important document, but in Florida, it does not avoid probate. Probate is the court process of proving and administering the will, and it can take months or even longer. Many people believe that having a will alone will spare their families from probate, but that is not the case.
How to Avoid It:
Consider adding tools such as a Revocable Living Trust or a Lady Bird Deed. These options can transfer property directly to your beneficiaries without probate if drafted and executed correctly. An estate planning attorney can explain whether one of these options fits your circumstances.
Mistake 2: Failing to Plan for Incapacity
Estate planning isn’t just about what happens after death. What if you become ill or incapacitated and can’t manage your finances or health care decisions? Without the right documents in place, your family may have to go through guardianship proceedings in court.
How to Avoid It:
In Florida, durable powers of attorney, health care surrogate designations, and living wills are essential. These documents allow someone you trust to act on your behalf, helping your family avoid the expense and delay of a court process.
Mistake 3: Leaving Beneficiary Designations Outdated
Life changes quickly—marriage, divorce, births, and deaths all affect who should inherit your assets. Unfortunately, many Floridians never update their life insurance, retirement accounts, or bank account beneficiary designations. Outdated designations can send assets to an ex-spouse or bypass children entirely.
How to Avoid It:
Review your beneficiary designations regularly, ideally every couple of years or after a major life event. Make sure they align with your overall estate plan. An attorney can help coordinate these with your will or trust.
Mistake 4: Overlooking Florida Homestead Rules
Florida has unique homestead protections that can complicate estate planning. For example, if you’re married, you may not be able to leave your primary residence to someone other than your spouse without their consent. Misunderstanding these rules can create disputes and even invalidate part of your plan.
How to Avoid It:
Work with a Florida estate planning attorney who understands how homestead law interacts with wills, Lady Bird Deeds, and trusts. Proper drafting can ensure your plan respects spousal rights and complies with Florida’s constitution.
Mistake 5: Trying to Do It Yourself
DIY wills and online forms may seem inexpensive and convenient, but they often fail to meet Florida’s strict legal requirements. We’ve seen documents that were not properly executed, missing key clauses, or that unintentionally triggered probate complications. The money “saved” upfront can cost far more in legal fees and family conflict later.
How to Avoid It:
Estate planning is too important to leave to chance. An attorney can tailor documents to your needs, explain tax and probate implications, and help you avoid mistakes that generic forms cannot anticipate.
Bonus Mistake: Thinking Estate Planning Is Only for the Wealthy
Many Floridians assume estate planning is for people with large estates. In reality, estate planning is for anyone who owns a home, has children, or wants to make life easier for their family. Even modest estates can face delays and disputes without proper planning.
Why Professional Guidance Matters
The common theme behind these mistakes is a lack of customized legal guidance. Every family is different. What works for a single retiree in New Port Richey may not work for a young family in Spring Hill. That’s why consulting with an estate planning attorney is the best way to ensure your plan reflects your assets, family dynamics, and Florida law.
Estate planning is about more than documents—it’s about peace of mind. By avoiding these common mistakes, you can save your loved ones from unnecessary hardship and ensure your wishes are carried out.
Jason Smith, a Marion County native and former state prosecutor, has built a distinguished trial practice while also teaching criminal justice at Pasco-Hernando State College and Saint Leo University, and leading Jericho Road Ministries as Board President.
