Estate Planning
Florida estate planning for professionals, families, and business owners
Florida estate planning is how you decide, in advance, who cares for your family, manages your affairs, and receives your assets if you become incapacitated or pass away, rather than leaving those decisions to a court.
At the Law Offices of E.F. Robinson, P.A., we help professionals, families, and business owners throughout Broward, Miami-Dade, and Palm Beach counties build estate plans that reflect their actual wishes and circumstances.
Wills and Trusts
A will directs how your assets are distributed and can name a guardian for minor children, but it generally goes through probate, a court-supervised process that takes time and becomes part of the public record. A trust can hold and distribute assets without probate, offer more privacy, and allow for more control over how and when beneficiaries receive assets. Many clients use a combination of both, along with other tools, to fit their specific situation.
Planning After Divorce or Remarriage
An estate plan drafted before a divorce or a second marriage often no longer reflects what someone actually wants. Beneficiary designations, guardianship nominations, and asset distributions frequently need to be updated so that a former spouse is not unintentionally left in control of decisions or assets, and so that children from a prior relationship are provided for as intended.
A beneficiary designation on a retirement account or life insurance policy generally overrides what a will says. Updating these designations after a major life change is one of the most commonly overlooked steps in estate planning.
Planning for a Child With Special Needs
Families with a child who has a disability or special needs face additional planning considerations, since an inheritance left directly to that child could affect their eligibility for government benefits. A properly structured trust can provide for the child’s needs without putting those benefits at risk.
Powers of Attorney and Healthcare Directives
Estate planning is not only about what happens after death. A durable power of attorney allows someone you trust to manage your financial affairs if you become unable to do so, and a healthcare directive lets you outline your medical wishes and name someone to make healthcare decisions on your behalf.
Frequently Asked Questions
Do I need a trust, or is a will enough?
It depends on your goals. A will alone may be sufficient for a simple estate, while a trust is often worth considering if you want to avoid probate, keep your affairs private, or control how and when beneficiaries receive assets.
How often should I update my estate plan?
A good rule of thumb is to review your plan after any major life event, such as a marriage, divorce, birth, death in the family, or significant change in assets, and otherwise every few years.
What happens if I die without a will in Florida?
Your assets would be distributed according to Florida’s default inheritance rules rather than your own wishes, which may not match what you would have chosen and can create unnecessary complications for your family.
Can I update my estate plan after a divorce?
Yes, and it is generally a good idea to review beneficiary designations, guardianship nominations, and powers of attorney soon after a divorce to make sure they still reflect your wishes.
The information provided on this page is for general informational purposes only and should not be considered legal advice. Every case is unique, and the application of the law depends on the specific facts and circumstances involved. Viewing this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome in any future matter. If you need legal advice regarding your situation, contact the Law Offices of E.F. Robinson, P.A. to discuss your case and receive personalized legal guidance.
