Table of Contents
What Is Estate Planning and Why Is It So Important?
Estate planning is the overall process of legally organizing how your assets, medical care, and responsibilities will be handled if you become incapacitated or pass away.
It may include:
- A Last Will and Testament
- One or more Trusts
- Power of Attorney (durable or limited)
- Health Care Surrogate Form
- HIPAA Authorization
- Living Will / Advance Directives
- Guardianship designations
Think of it as the umbrella that holds all the tools and documents that protect your wishes and your loved ones.
Estate Planning vs. Will vs. Trust: What’s the Difference?
What is a Will (Last Will and Testament)
A Will is a legal document that states:
- Who will inherit your property
- Who will care for your minor children (request rather than requirement)
- Who you name as the Personal Representative of your estate
A Will only goes into effect after you pass away, and in most cases, it must go through probate court if you do not have the proper estate plan set up, which can be time-consuming and costly.
What is a Trust
A Trust is a legal arrangement that holds assets on behalf of your beneficiaries — and unlike a Will, it can:
- Bypass probate
- Provide ongoing control over how and when assets are distributed
- Be active during your lifetime and continue after your death
There are different types (revocable, irrevocable, special needs, etc.), and they’re especially helpful for people with complex estates, blended families, or privacy concerns.
So… Which One Do You Need?
Most people benefit from having both a Will and a Trust as part of a larger estate plan. It all depends on:
- The size of your estate
- Your goals for your assets
- Whether you want to avoid probate
- Your family structure
Estate Planning Documents: What You Actually Need in Florida
There’s no one-size-fits-all list when it comes to estate planning. The documents you need will depend on your assets, your family situation, and your goals. That’s why it’s so important to talk to an attorney — because missing even one key document can create big headaches later.
Most people will need a Will, a power of attorney, and a healthcare directive at a minimum. But if you have property, a business, blended families, or specific wishes, you might also need a trust, guardian designation, or other tools.
The best way to make sure your plan actually works? Sit down with someone who knows what to look for.
How Much Does Estate Planning Cost in Florida?
(The cost of estate planning in Florida can vary widely depending on your needs. On average, a basic estate plan — which might include a Last Will and Testament, a power of attorney, and a healthcare directive — can range from $300 to $1,000.
If your situation is more complex, such as needing a revocable living trust or planning for multiple properties or blended families, the cost can increase to $2,000–$4,000 or more. In highly customized or high-asset situations, plans may exceed $10,000.
That said, the real question isn’t just how much estate planning costs — it’s how much it can save you and your loved ones in the long run.
A well-prepared estate plan can:
- Prevent costly probate court delays
- Avoid guardianship disputes
- Ensure your assets go where you want — without expensive legal battles
By taking the time to plan now, you’re often avoiding significantly higher costs and stress for your family later.
Estate Planning Attorney Near Me: How to Find the Right Fit in Florida
Estate planning isn’t just paperwork — it’s a personal conversation about your family, your future, and what matters most to you. That’s why choosing the right attorney is less about flashy ads and more about finding someone you actually trust.
Here are a few things to look for:
- Someone who takes the time to understand your situation, not just hand you a template
- A local Florida attorney who knows the ins and outs of state-specific laws
- Clear communication about costs, timelines, and how updates are handled
- A calm, judgment-free space to talk about potentially hard topics like illness, guardianship, or family dynamics
It’s okay if it feels overwhelming, the right attorney will walk you through it step by step and make sure you’re not missing anything important.
We help clients all over Central Florida create estate plans with clarity and confidence. Meet our estate planning attorney here
Estate Planning for Seniors: What to Consider When Planning Late in Life
It’s never too late to put a plan in place — and for seniors, estate planning becomes even more important. Whether you’re updating old documents or creating a plan for the first time, there are a few key things to keep in mind:
- Healthcare decisions matter more than ever. Make sure you’ve named a healthcare surrogate and completed a living will so your wishes are clear.
- Long-term care planning can help protect your assets if nursing home care becomes necessary.
- If you have adult children or grandchildren, think about how and when they’ll receive assets — a trust may offer more control than a simple will.
- If you’ve had a spouse pass away or remarried later in life, your plan may need to reflect those changes.
- Beneficiary designations on retirement accounts and life insurance should be reviewed and updated regularly.
Planning late in life can feel overwhelming, but it also brings peace of mind, for you and your loved ones.
How to Avoid Probate in Florida Through Smart Estate Planning
Probate is the legal process of settling someone’s estate after they pass away — and in Florida, it can be time-consuming, public, and expensive. The good news? With the right estate plan, you can minimize or even avoid probate altogether.
Here are a few tools that can help:
- Revocable Living Trust
- Assets placed in a trust don’t go through probate — they’re distributed directly to your beneficiaries. (this may change depending on your specific wishes)
- Beneficiary Designations
- Retirement accounts, life insurance, and some bank accounts let you name beneficiaries. These pass outside of probate automatically.
- Lady Bird Deeds (Enhanced Life Estate Deeds)
- In Florida, this special type of deed allows your home to transfer to a beneficiary at your death, without probate.
- Joint Ownership with Right of Survivorship
- Property owned jointly with a spouse or family member can pass directly to the other person without court involvement.
Avoiding probate not only saves your family time and money — it also keeps your affairs private and helps reduce stress during an already difficult time.
Want to know if your assets are set up to avoid probate? Schedule a Consult Today
Estate Planning With a Disabled Child: What You Need to Know
If you’re caring for a child with a disability, estate planning takes on a whole new meaning. It’s not just about dividing assets — it’s about making sure your child has the right support system in place, both emotionally and financially, long after you’re gone.
But here’s the tricky part: leaving money directly to your child could disqualify them from government programs like Medicaid or Supplemental Security Income (SSI).
Enter: The Special Needs Trust
A Special Needs Trust (SNT) lets you set aside money or assets for your child without affecting their benefits. The trust holds and manages the funds, and a trustee uses them to pay for things your child needs — like:
- Therapy or caregiving services
- Medical or mobility equipment
- Hobbies, education, or travel
- Extra quality-of-life support
Wait — There Are Different Types?
Yep, and this part confuses almost everyone. The quick version:
- Third-party trust – Created and funded by parents or family. This is the one most people use in their estate plan.
- First-party trust – Funded with the child’s own money (like an inheritance or settlement). These have more restrictions.
Don’t worry — your attorney will help you choose the right one and set it up correctly.
✅ Other Things to Include in the Plan:
- A designated guardian or caregiver
- A letter of intent explaining your child’s needs and routines
- Healthcare and decision-making documents
- A plan to fund the trust, like life insurance or savings
Creating a plan now helps protect your child’s care, benefits, and dignity in the future — no matter what life brings.
Estate Planning Without a Lawyer: Risks and When to DIY
We get it — online forms and DIY estate planning kits are everywhere. They promise a quick, cheap solution to something that sounds complicated. But here’s the honest truth: doing your estate plan without an attorney is almost never a good idea.
Why?
Because estate planning isn’t just filling in blanks — it’s about making sure your documents are legally valid, customized to your life, and actually work when you need them.
Risks of DIY Estate Planning:
- Your documents might not be valid in Florida (each state has different laws)
- One small mistake can make the whole thing unusable
- You might miss key documents — like a healthcare directive or guardianship
- Worse: your plan could cause confusion, delay, or fights later on
Online templates don’t know if:
- You’ve been married more than once
- You have a child with special needs
- You own property in multiple states
- You’re trying to avoid probate
Bottom Line:
You only get one chance to get your estate plan right, and unfortunately, you won’t be around to fix it if something goes wrong.
Estate planning is one area where DIY can cost your family far more than it saves. Talk to someone who can help you get it right the first time.
What Does Power of Attorney Actually Do?
A Power of Attorney (POA) gives someone the legal authority to act on your behalf regarding your assets— usually if you’re unable to do so yourself due to illness, injury, or incapacity.
The person you appoint is called your “agent” or “attorney-in-fact,” and what they can do depends on how the document is written.
Common Things a Power of Attorney Can Handle:
- Paying your bills and managing your bank accounts
- Handling real estate transactions
- Filing taxes or managing retirement accounts
- Making legal or financial decisions if you’re incapacitated
There are different types of POAs, but in Florida, most people use a Durable Power of Attorney, which stays in effect even if you become mentally or physically unable to make decisions.
Think of it as a safety net — without a POA, your loved ones may have to go to court just to get permission to help manage your affairs.
Can a Power of Attorney Change a Will?
No — a Power of Attorney (POA) cannot change a Will.
A POA allows someone to handle certain decisions or tasks while you’re alive, like managing your finances or making medical decisions if you’re unable to. But even then, they can’t touch your Will.
Why That Matters:
Your Will is a separate legal document that only you can create or update — and only if you’re mentally capable when doing so. Once you pass away, the POA ends completely, and the Will takes over.
If your wishes change, the only way to make sure they’re followed is to personally update your Will. A POA can’t do that for you, no matter how much you trust them.
Power of Attorney vs Guardianship: What’s the Difference?
Power of Attorney (POA) and guardianship both involve someone making decisions for another person — but they work very differently.
What is a Power of Attorney (POA)
- Set up ahead of time by someone who is still mentally capable
- Lets you choose who can make decisions for you if you can’t
- Can cover finances, legal matters, or healthcare (depending on the document)
- Can be updated or revoked at any time (as long as you’re mentally competent)
What is Guardianship
This is where people often get confused — guardianship isn’t just for children.
In estate planning, guardianship happens when an adult becomes mentally or physically incapacitated without a POA in place. At that point:
- It goes through the court system
- A judge must declare the person legally incapacitated
- The court appoints a guardian to make decisions on their behalf
- This process can apply to both children and adults
- It’s often more expensive, stressful, and time-consuming for families
This is completely different from being the legal guardian of a child — but uses the same terminology.
What’s the Difference Between Power of Attorney and Durable Power of Attorney?
You’re not alone if this confuses you — the names are similar, but they do very different things, and only one of them works when you’re incapacitated.
What is a Power of Attorney (POA)
Lets someone handle your financial or legal matters — like paying bills, managing bank accounts, or signing documents.
BUT: A regular POA stops working if you become incapacitated.
What is a Durable Power of Attorney
Same idea as above — but it keeps working even if you’re incapacitated.
This is the one most people actually need in their estate plan, especially for older adults or anyone planning ahead for medical issues.
💡 In Florida, POAs must be durable to stay valid during incapacity — so this is usually what your attorney will set up.
What is a Healthcare Power of Attorney (aka Designation of Health Care Surrogate)
This one is totally separate — it gives someone the legal power to make medical decisions for you if you can’t make them yourself.
It kicks in when you’re unconscious, too sick to decide, or otherwise unable to speak for yourself.
Why You Need an Attorney:
If you’re feeling like, “Wait… so I need three different documents?” — that’s exactly why estate planning gets messy without legal guidance. One wrong word, one outdated form, and suddenly your family is stuck going to court when they’re already overwhelmed.
We help Florida families get the right documents in place — clearly, correctly, and without confusion. Learn more about how we help.
