Estate planning is one of the most important things a person can do to protect the people who matter most — yet many Florida families either put it off or unknowingly leave major gaps in their plans. Without careful preparation, the consequences can be severe: costly delays, painful family disputes, and court intervention during deeply personal moments. Fortunately, these outcomes are avoidable with the right legal guidance and a customized plan.
People Often Make Honest Mistakes
Here in South Florida, common estate planning mistakes tend to follow predictable patterns. Florida has some of the most complex estate planning laws in the country, including strict requirements for notarization, witnessing, and asset transfers. A seemingly minor oversight can open the door to litigation, confusion, or the complete unraveling of a well-intentioned plan.
Understanding these missteps — and how to avoid them — can help families take control of their future and create a legacy that reflects their true intentions. Here's what you need to know and how an experienced estate planning lawyer in Boca Raton can help you reach your goals.
Do You Have an Estate Plan in Place?
Surprisingly, one of the biggest estate planning mistakes is simply not having a plan at all. When someone passes away without a will or trust in place, Florida’s intestacy laws take over. This means the court — not the individual — decides who receives what. In many cases, this can result in unintended outcomes, such as estranged relatives inheriting or blended family members being excluded.
Even when a will exists, failing to update it regularly is another frequent misstep. Life moves quickly — divorces, remarriages, births, deaths, and relocations all affect how an estate plan should function. Without updates, documents become outdated or even invalid under Florida law. For instance, a divorce automatically revokes some provisions of a will involving a former spouse, but this may not be enough to prevent complications.
Common Pitfalls Florida Families Face
Some of the most damaging estate planning mistakes come from seemingly small oversights. These may not make headlines, but they can create legal headaches, family disputes, and financial losses. The list below highlights several issues Florida families often encounter — along with ways to avoid them:
1. Incorrect or Outdated Beneficiary Designations
Beneficiary designations on life insurance, retirement accounts, and bank accounts override anything written in a will. If these aren't updated, an ex-spouse or unintended relative could inherit valuable assets.
2. Failure to Plan for Incapacity
Without a durable power of attorney or advance healthcare directive, families may need to go through court to make decisions on behalf of a loved one who becomes incapacitated. Florida law has strict requirements for these documents to be valid, including witness and notarization rules.
3. Using Generic Online Forms
DIY estate planning templates downloaded from the internet often fail to comply with Florida-specific laws, especially those related to homestead protections, elective share rights for spouses, and notarization requirements. These cookie-cutter forms may look fine on paper but fall apart when challenged in court.
4. Ignoring Florida’s Homestead Laws
Florida’s homestead protections are among the strongest in the country, but they also limit how a primary residence can be transferred at death. Failing to understand these restrictions can prevent a home from being passed down as intended.
5. Not Funding a Trust
Setting up a revocable trust is a powerful way to avoid probate — but only if the trust is properly funded. That means retitling assets into the name of the trust. Many families don’t complete this step, leaving assets exposed to probate anyway.
6. Lack of Clear Communication
Another overlooked aspect of estate planning is failing to communicate the plan to those it affects. When heirs are left in the dark, misunderstandings or mistrust can arise, even in close-knit families. While conversations about money and mortality are never easy, transparency can prevent painful disputes later.
7. Owning Property in Multiple States
Snowbirds — part-time Florida residents — should be especially careful. Owning property in multiple states can complicate probate and taxes. Coordinating documents to address multi-state issues is key to a seamless transition for heirs.
These issues may seem technical, but their impact can be deeply personal. A knowledgeable estate planning lawyer can help ensure documents are legally sound, up to date, and aligned with Florida law — giving families confidence that their wishes will be honored.
One Conversation Can Change Everything
Estate planning isn’t just for the wealthy — it’s for anyone who wants to protect loved ones and ensure their wishes are carried out. When done correctly, a comprehensive plan can reduce taxes, avoid probate, protect vulnerable family members, and ensure that medical and financial decisions reflect personal values — even during moments of crisis.
The Levy Firm PLLC takes a holistic approach to estate planning, guiding clients through every step of the process with clear advice and personalized support. From drafting wills and funding trusts to navigating Florida’s homestead laws and selecting trusted representatives, every plan we build is carefully crafted to reflect your goals and values.
Whether it's time to build a plan from scratch or update an old one, having the right estate planning lawyer makes all the difference. Contact us in Boca Raton today for a free consultation and take the first step toward protecting your future — and the people who matter most.
"I had the pleasure of working with The Levy Firm on my estate planning. I had a great experience since the first time I called the office and Louis answered the phone; he was very helpful and knowledgeable. Throughout the process I had so many questions, and Geoff was very responsive to my concerns. Our last meeting was very enlightening. Geoff took the time to explain all the details and next steps to take. Thank you, Geoff and Louis, for the support. Definitely 5 stars from start to finish!" - Gilberto B., ⭐⭐⭐⭐⭐