Most people come to me after something goes wrong — after a loved one has passed without a plan, after a family is fighting over assets, after a business fell apart because no one planned for succession.
The goal of this post is to help you avoid that.
Here are the five estate planning mistakes I see most often — and what to do instead.
1. Thinking a Will Is Enough
A will is important, but it's not the cornerstone of a Florida estate plan. A will only controls assets that go through probate — and probate in Florida is a court process that takes time, costs money, and is entirely public record.
A revocable living trust, on the other hand, lets your assets pass directly to your beneficiaries without probate. It's private, faster, and almost always less expensive for your family in the long run.
If you own real estate, have a blended family, or have significant assets, a trust is almost always the right choice.
2. Naming the Wrong Beneficiary — or None at All
Beneficiary designations on retirement accounts, life insurance policies, and transfer-on-death accounts override your will. Completely. It doesn't matter what your will says — the beneficiary designation controls.
This is how assets end up going to an ex-spouse, a minor child (which triggers a court-supervised guardianship for the funds), or no one at all.
What to do: Review your beneficiary designations at least every few years, and always after a major life event — marriage, divorce, birth, or death.
3. Not Updating the Plan After a Life Change
An estate plan isn't a one-time document. It's a living framework that should evolve with your life.
Common triggers that require an update:
- Marriage or divorce
- Birth or adoption of a child
- Death of a named beneficiary or trustee
- Significant change in assets or business ownership
- Moving to a new state
Most people create a plan once and never look at it again. That plan may no longer reflect your wishes — or it may actively create problems for your family.
4. Leaving Children Without a Guardian Designation
If you have minor children, your estate plan needs to name a guardian. Without one, a court decides who raises your children if something happens to both parents.
Courts do their best — but they don't know your family the way you do. They don't know who shares your values, your parenting philosophy, or your specific wishes for your children.
Name a guardian. And name a backup in case your first choice is unable to serve.
5. Using an Online Document Service
I understand the appeal. They're inexpensive and fast. But estate planning documents that aren't properly drafted or executed under Florida law can be invalid — and an invalid document is worse than no document at all.
Florida has specific requirements for how wills and trusts must be signed and witnessed. A document that doesn't meet those requirements may not hold up in court, leaving your family exactly where you were trying to avoid.
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If you recognize any of these mistakes in your own situation, the best time to fix them is now — before a life event forces the issue.
Schedule a consultation and let's build a plan that actually protects your family.