Estate Planning in Florida: Practical Insights for Professionals

By Liz C. Messianu, JD, LLM in Estate Planning; Wicker Smith

Estate planning in Florida is far more than the execution of a last will and testament. For professionals—attorneys, business owners, and fiduciaries—comprehensive planning must account for statutory nuances, family dynamics, creditor protection, and future incapacity. Over nearly four decades in practice, I’ve found that successful estate plans anticipate problems before they arise and avoid the courtroom altogether.

1. The Revocable Trust as the Cornerstone

In Florida, the revocable trust remains a preferred vehicle for managing assets during life and avoiding probate at death. Properly drafted, funded, and administered, it can provide continuity of asset management, privacy, and protection against incapacity. Still, I routinely encounter trusts that are either unfunded or outdated—rendering them ineffective when needed most.

2. Why a Will Alone Is Insufficient

A will is subject to probate—a judicial process that can be time-consuming, expensive, and public. In cases involving blended families, second marriages, or homestead property, the probate process often becomes contentious. Estate planning for high-net-worth individuals requires layered planning: pour-over wills, trusts, beneficiary designations, and, where applicable, LLCs or family limited partnerships.

3. Planning for Incapacity

Advanced planning must include:
– Durable Power of Attorney (with robust financial authority)
– Health Care Surrogate Designation
– Living Will

Florida courts increasingly see contested guardianships due to deficient or poorly executed documents. Professionals should ensure clients execute properly drafted, statutorily compliant directives well before any capacity issues emerge.

4. Homestead and Spousal Rights

Florida’s homestead laws complicate estate planning. Spouses and minor children have constitutional protections that override even the most carefully constructed plans. Similarly, the elective share statute allows a surviving spouse to claim 30% of the elective estate, despite contrary provisions in a trust or will. Practitioners must advise clients of these rights and consider spousal waivers and prenuptial agreements.

5. Avoiding Family Conflict

Even the most sophisticated estate plan can unravel due to lack of communication. When beneficiaries are surprised, litigation often follows. Clients should be encouraged to disclose their intentions (where appropriate) and to name independent fiduciaries when familial discord is likely.

6. The Ethical Edge in Estate Planning

Professionals must balance respect for client autonomy with the duty to prevent exploitation. Practitioners must assess capacity, document instructions, and guard against undue influence. In contested matters, detailed file notes and a thoughtful intake process often become critical evidence.

Conclusion

Florida estate planning requires a deep understanding of probate, tax, and family law. For clients with significant assets or complex family structures, a cookie-cutter approach is not only inadequate—it can be dangerous. Thoughtful, proactive planning ensures that a client’s legacy is preserved, protected, and distributed according to their intent.

With over 25 years of estate planning and trust litigation experience, I help clients navigate these legal landscapes with precision and foresight.

For a consultation or to refer a matter, contact Liz at Wicker Smith.