Estate Planning
Estate Planning FAQ
Written by Blake Stewart | Florida Bar No. 84716 | Admitted 2010 | Florida Bankruptcy & Estate Planning Attorney
Estate planning is about protecting your family, preserving your wishes, and preparing for the future. Whether you're considering a will, trust, power of attorney, lady bird deed, or probate avoidance strategy, understanding your options can help you make informed decisions.
Below are answers to some of the most common estate planning questions we receive from individuals and families throughout Florida.
Most Common Estate Planning Questions
These are the questions Florida families ask most often. Click "Learn More" on any topic to explore it in depth.
What Happens If I Die Without a Will in Florida?
If you die without a valid will in Florida, your estate passes under the state's intestate succession laws — not according to your wishes. Florida law determines who inherits your assets based on family relationships, which may produce outcomes you would never have chosen. A surviving spouse, children, or other relatives may receive shares of your estate in proportions set by statute, regardless of your actual intentions. Unmarried partners receive nothing under intestate law, no matter how long the relationship lasted. Minor children may require court-supervised guardianship of their inheritance. Creating a will — even a straightforward one — puts you in control of those decisions and removes the uncertainty for the people you leave behind.
Learn More: Wills & Living Wills →Do I Need a Trust, or Is a Will Enough?
For many Florida families, a well-drafted will is a solid foundation. But a will alone goes through probate — a court-supervised process that takes time, costs money, and becomes part of the public record. A revocable living trust allows assets to transfer to your beneficiaries privately and without probate, which can be especially valuable if you own real estate, have a blended family, or want to plan for incapacity. Trusts also offer greater control over how and when beneficiaries receive assets. Whether a trust makes sense depends on your assets, family situation, and goals. Many clients benefit from both — a trust for the bulk of their estate and a pour-over will to capture anything left outside the trust.
Learn More: Revocable Living Trusts →What Is a Lady Bird Deed?
A Lady Bird Deed — formally called an Enhanced Life Estate Deed — is a Florida-specific estate planning tool that allows you to transfer real property to designated beneficiaries automatically upon your death, without going through probate. Unlike a traditional life estate deed, a Lady Bird Deed lets you retain full control of the property during your lifetime: you can sell it, mortgage it, or change the beneficiaries without their consent. It also preserves Florida's homestead protections and does not trigger a gift tax. For homeowners who want a simple, cost-effective way to pass real estate to their children or other heirs, a Lady Bird Deed is often worth considering as part of a broader estate plan.
Learn More: Lady Bird Deeds →Can a Trust Avoid Probate in Florida?
Yes — a properly funded revocable living trust is one of the most effective probate avoidance tools available to Florida residents. Assets held in the trust at the time of your death transfer directly to your beneficiaries according to the trust's terms, without court involvement. The key word is "funded": a trust only avoids probate for assets that have been properly transferred into it. Real estate, bank accounts, investment accounts, and other assets must be retitled in the name of the trust. Assets left outside the trust may still pass through probate unless they have designated beneficiaries or are held jointly. Working with an attorney to fund your trust correctly is just as important as creating it.
Learn More: Revocable Living Trusts →What Does a Durable Power of Attorney Do?
A Durable Power of Attorney authorizes a person you trust — called your agent — to manage your financial and legal affairs on your behalf. "Durable" means the document remains effective even if you become incapacitated, which is precisely when it matters most. Without one, a family member who needs to manage your finances, pay your bills, or handle real estate transactions during a medical crisis may have to seek court-appointed guardianship — a costly and time-consuming process. A well-drafted Durable Power of Attorney gives your agent the authority to act quickly and decisively, while still reflecting the limits and instructions you choose to set. It is one of the most important documents in any estate plan.
Learn More: Durable Powers of Attorney →How Often Should I Update My Estate Plan?
Estate plans are not set-and-forget documents. Major life events — marriage, divorce, the birth of a child, the death of a beneficiary or named agent, a significant change in assets, or the purchase or sale of real estate — are all triggers for review. Florida law also changes periodically, and documents drafted years ago may not reflect current statutes or best practices. As a general rule, reviewing your estate plan every three to five years is a reasonable baseline, even if nothing significant has changed. The goal is to make sure your documents still reflect your wishes, your named agents and beneficiaries are still appropriate, and your plan is properly coordinated with how your assets are currently titled.
Schedule a Review Consultation →All Estate Planning Questions
Explore Estate Planning Services
Ready to Get Started?
This page is for general information only and does not constitute legal advice. Schedule a consultation with Blake Stewart to discuss your specific situation.
Schedule a Consultation