At SJF Law Group, our South Florida estate planning attorneys often meet clients who are unsure whether they need an estate plan, or mistakenly believe they don’t. According to recent statistics, only about half of Florida residents have an estate plan in place. That’s a concerning figure, especially when unexpected illness or accidents can happen at any age.
In this blog, we’ll debunk some of the most common estate planning myths we hear from clients and explain why creating your estate plan now is one of the most important decisions you can make.
What Is Estate Planning?
Estate planning is the process of preparing legal documents that protect your assets, your wishes, and your loved ones if you become incapacitated or pass away. A comprehensive Florida estate plan typically includes:
- A Last Will and Testament
- A Revocable Living Trust (if appropriate)
- Durable Power of Attorney
- Health Care Surrogate Designation
- Living Will (Advance Directive)
Myth #1: Estate Planning Is Only for the Elderly
Truth: Emergencies can happen at any age.
Estate planning isn’t just about death; it’s about incapacity, too. If you can’t make decisions for yourself, who do you trust to make them for you? If your adult child (18+) gets into an accident, you may not have the legal authority to intervene without proper documents. The best time to create a plan is while you’re healthy and capable of making informed decisions.
Myth #2: Estate Planning Is Only for the Wealthy
Truth: Even if you only have a bank account, you still have an estate.
Whether you own a home, a savings account, or simply want your personal belongings to go to certain people, an estate plan ensures your wishes are followed. It’s not about the size of your estate; it’s about control, clarity, and protection for your loved ones.
Myth #3: My Spouse or Kids Can Just Handle It
Truth: Your spouse or adult children don’t automatically have legal authority.
Without proper legal documents, your loved ones may face court delays, added costs, or even legal battles to act on your behalf or inherit assets. This is especially important in blended families, as Florida law does not guarantee everything will go to a surviving spouse when there are children from previous relationships.
Myth #4: A Power of Attorney Works After Death
Truth: It doesn’t.
A Power of Attorney is only valid during your lifetime. Once you pass away, it becomes void, and your estate must follow the instructions in your will (or the probate court’s instructions if you have no will).
Myth #5: A Will Avoids Probate
Truth: A will requires probate.
One of the most common misconceptions is that having a will means your estate will avoid probate. In reality, wills only control the probate process; they do not bypass it. Avoiding probate often requires proper titling of assets or using tools like revocable and beneficiary designations.
Myth #6: Online DIY Wills Are Good Enough
Truth: They often don’t comply with Florida law.
Many DIY wills don’t meet Florida’s strict legal requirements, especially when it comes to homestead property and witness rules. A small error can make your documents invalid, costing your loved ones more in legal fees later. Estate planning attorneys ensure your documents are legally valid and tailored to your unique needs.
Myth #7: Estate Planning Is a One-and-Done Task
Truth: Your plan should evolve as your life does.
Marriage, divorce, births, deaths, moving to Florida, or acquiring new assets can all affect your estate plan. At SJF Law Group, we recommend reviewing your documents regularly to ensure they still reflect your wishes. We offer complimentary annual estate plan reviews to give our clients added peace of mind.
Myth #8: It’s Too Complicated or Time-Consuming
Truth: With the right attorney, it’s simple and stress-free.
Working with an experienced Florida estate planning lawyer ensures the process is smooth, clear, and customized to your situation. At SJF Law Group, we make the process approachable, so you can protect what matters most with confidence.
Ready to Create or Review Your Estate Plan?
If any of these myths have held you back, now is the time to take the next step. At SJF Law Group, we’ve helped over 2,000 Florida families protect their loved ones and secure their legacy. With 250+ five-star reviews, our award-winning attorneys are trusted across the state.
Call us today, send us an email, or schedule a consultation to get started with your customized estate plan.