What is Estate Planning?

Estate planning means making a plan for what happens to your belongings, money, and home after you pass away. It also allows you to choose someone to make important decisions for you if you are too sick or injured to do so yourself. Without a plan, Florida law decides who gets your things, and that can lead to confusion, court battles, and family stress.

At Elderly Care Law Firm, we believe that everyone—no matter how much or how little they own—should have an estate plan. It helps protect your loved ones and makes sure your wishes are followed.

Two Types of Estate Planning: Planning for After Death and Planning for Your Lifetime

Estate planning isn’t just about what happens after you pass away. It also helps protect you and your family while you are still alive. Here’s how:

Planning for After Death

• Will – A will is a legal paper that tells the court who should get your things when you pass away. It can also name a guardian for your children if they are under 18. If you don’t have a will in Florida, the state decides who gets your belongings, which may not be what you want. Someone you don’t want to receive your property might end up inheriting it. Additionally, if you plan ahead, you may be able to protect certain property from creditors, ensuring that your loved ones receive what you intended for them.
• Will Disputes & Disinheritance – If you feel that a loved one unfairly left you out of a will, or if there are questions about whether the will was made under pressure or while the person was not in their right mind, you may be able to challenge it in court. In Florida, certain family members—such as a spouse—cannot be completely left out of an inheritance without proper legal steps.
• Revocable Living Trust – This is like a special box where you can put your money and belongings while you are alive, and when you pass away, they go straight to the people you chose—without having to go through the court process called probate.
• Irrevocable Trust – An irrevocable trust is designed to be permanent, meaning the person who creates it usually cannot make changes or cancel it. However, under Florida law, some changes may be allowed under specific circumstances. This type of trust can help protect money and property from being taken to pay for nursing home care or lawsuits and may offer tax benefits.
• Inheritance Planning – Deciding in advance who gets your home, money, or business helps avoid fights and confusion. If you don’t plan, Florida law decides for you, which may not be fair to your family.
• Lady Bird Deed (Enhanced Life Estate Deed) – This special Florida deed lets you keep full control of your home while you’re alive, but after you pass away, it goes directly to your chosen person without probate.

Planning for During Your Life

• Power of Attorney – This allows someone you trust to make financial decisions for you if you cannot. Without this, your family may have to go to court just to pay your bills or manage your bank account.
• Health Care Surrogate vs. Health Care Proxy – In Florida, a Health Care Surrogate is the person you legally appoint to make medical decisions for you if you are unable to do so. A Health Care Proxy, on the other hand, is someone chosen by law (such as a spouse or family member) to make medical decisions when you don’t have a surrogate named in writing. Having a Health Care Surrogate document ensures that the right person is in charge of your care.
• Living Will – This document tells doctors and your family what type of medical treatments you want if you are very sick or injured and cannot speak for yourself. It can state whether you want to be kept on life support or if you prefer not to have extreme medical measures taken.
• Advance Directives – These are legal documents that let you decide what kind of medical treatment you want if you become too sick to speak for yourself. They include instructions on whether you want life support, feeding tubes, or other medical treatments. Advance directives help doctors and family members follow your wishes, ensuring that you get the care you want and avoiding confusion or disagreements among loved ones. In Florida, advance directives include a Living Will, a Health Care Surrogate, and a Do Not Resuscitate Order (DNR) if desired. Having these in place ensures that your healthcare decisions are respected, even if you cannot communicate them yourself.
• PreNeed Guardian – If you ever need someone to make legal or personal decisions for you because of illness, this document names a guardian ahead of time so the court doesn’t have to choose one for you. Without this in place, a judge could appoint someone you may not trust or even a complete stranger to make important decisions about your life and well-being.
• Business Planning – If you own a business, it’s crucial to have a plan in place to protect it if you retire, become ill, or pass away. Without a clear plan, your business could face legal battles, financial instability, or even shut down. In Florida, structuring your business as an LLC (Limited Liability Company) or a Corporation can help ensure continuity and provide protection for your family. A well-prepared business succession plan designates who will take over, how operations will continue, and how ownership transitions will be handled. Without this, your family may struggle to keep the business running, partners may dispute control, and creditors could attempt to claim business assets. Planning ahead keeps your hard work secure and ensures your business remains in trusted hands.
• Homestead Property – In Florida, your primary home is protected from most creditors, meaning they usually cannot force you to sell it to pay debts. However, this protection can be lost if you take certain actions, like transferring the property to someone else or renting out your home for an extended period. Additionally, Florida law places restrictions on who you can leave your homestead to if you are married or have minor children. Without proper planning, your home could end up in legal disputes, delay inheritance for your loved ones, or even lose its creditor protection. Careful estate planning ensures that your home remains protected and passes smoothly to the right person.

What Happens If You Don’t Plan?

If you don’t have an estate plan, Florida law makes these decisions for you:

• Your home may be tied up in court for months or years before your family can receive it.
• If you become sick and can’t make decisions, your family may have to go to court to get permission just to handle your finances or medical care.
• Without a PreNeed Guardian, a judge—not you—will decide who will take care of you if you are unable to make your own decisions.
• If you don’t have a Living Will, doctors may use aggressive treatments that you may not have wanted.

Estate planning isn’t just for the rich—it’s for everyone who wants to protect their family and avoid unnecessary stress.

Let’s Make a Plan Together

At Elderly Care Law Firm, we guide you step by step to create a simple and effective plan. We believe in making this process easy to understand, so you feel confident that your wishes will be honored.

Call your estate planning attorney in Florida today at (305) 836-4697 to start planning for your family’s protection.