Myths & Misconceptions of Estate Planning

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Estate planning is one of the most important steps you can take to protect your loved ones — but it's often misunderstood. Here are the most common myths we hear from Florida residents, and the truths you need to know:

✅ Truth: Florida’s intestate laws may not distribute your assets the way you expect. If you have children from a prior relationship or other heirs, your spouse may only get a portion. A will ensures your exact wishes are followed.

✅ Truth: Tragedy can strike at any age. If you’re over 18, you need at least a basic plan — like a power of attorney, healthcare surrogate, and living will — especially in case of an accident or illness.

✅ Truth: Estate planning isn’t just for the wealthy. It covers healthcare decisions, guardianship for children, and managing even modest assets without delays or court involvement.

✅ Truth: In Florida, a will must go through probate. The only way to fully avoid probate is through tools like a revocable trust, Lady Bird Deed, or properly titled assets with designated beneficiaries.

✅ Truth: Without a Durable Power of Attorney or Healthcare Surrogate, your family may have to go to court for guardianship — a time-consuming and expensive process.

✅ Truth: Florida has unique laws (especially for homestead property and witnessing requirements). Out-of-state wills may not be valid or may not work as intended.

✅ Truth: DIY plans often miss critical Florida-specific legal requirements. One mistake — like the wrong number of witnesses or a missing clause — can invalidate your documents or force your loved ones into court.