Most estate planning problems aren't caused by anything exotic — they're caused by a handful of avoidable mistakes. Here are the ten I see most often in Florida, and how to steer clear of each.
1. Having no plan at all
If you die without a will, Florida's intestacy laws decide who inherits and who raises your children. The state's defaults rarely match what you'd choose.
2. Creating a trust and never funding it
An unfunded trust avoids nothing. If your assets aren't retitled into the trust, they can still go through probate. This is the single most common DIY failure.
3. Believing a will avoids probate
It doesn't. A will is the instruction sheet the probate court follows. To avoid probate you need a funded trust, beneficiary designations, or tools like a lady bird deed.
4. Outdated beneficiary designations
Retirement accounts and life insurance pass by beneficiary designation — which overrides your will. An ex-spouse or deceased beneficiary on an old form can undo your entire plan.
5. Using out-of-state documents
A will or trust from another state may not account for Florida's rules. New Florida residents should have their plan reviewed for Florida.
6. Ignoring Florida homestead
Florida's homestead rules restrict how your home can pass at death, especially if you're married. Plans that ignore homestead are among the most common — and most consequential — errors.
7. No incapacity documents
Estate planning isn't only about death. Without a durable power of attorney and health care directives, your family may need a court guardianship if you're incapacitated.
8. Leaving assets to minors outright
A minor can't manage a large inheritance, and leaving it outright means they receive everything at 18. A trust lets you control how and when children inherit.
9. Never updating the plan
Marriage, divorce, new children, a move, or a big change in assets all call for a refresh. A plan that's a decade out of date may no longer reflect your wishes — or the law.
10. Choosing "cheapest" over "valid"
The lowest-priced national form sites aren't built for Florida and often produce documents that fail in probate. The fix isn't to overpay — it's to use a Florida-specific plan with the option for an attorney review.
Avoid These Mistakes — Start Right
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Take the Free Quiz →This article is attorney advertising and general information only — not legal advice, and it does not create an attorney-client relationship. Consult a licensed Florida attorney about your situation. Arthur Simpson, Esq. is licensed in Florida (Bar #529265). No particular result is guaranteed.