Estate planning is an act of care. It protects the people you love and the life you built in Fort Lauderdale. Many families assume they have time. Then a health crisis, an accident, or a sudden loss changes everything.
When there is no plan, Florida law decides what happens. That process can be slow, expensive, and emotionally challenging for the people left behind.
We see this every week in our Fort Lauderdale office. People own a home, have retirement savings, and want to support their children or grandchildren. Some have blended families. Some have a business. Some are caring for aging parents. The details are different, but the goal is always the same. You want control and peace of mind.
This guide explains what estate planning is in Florida, what documents matter most, and how to avoid common local mistakes.
If you have questions or need help, don’t hesitate to call our estate planning attorney in Fort Lauderdale.
What Estate Planning Means In Florida
Estate planning is the legal process of organizing your affairs for two situations.
- If you are alive but cannot make decisions
- After you pass away
A complete plan answers practical questions.
- Who receives your assets?
- Who manages your money if you cannot?
- Who makes medical decisions for you?
- Who cares for minor children?
- How to reduce probate time and cost
Florida rules differ from those in other states. Local planning matters because Florida has special laws for homestead property and surviving spouses. A Fort Lauderdale, Florida estate planning lawyer helps you follow these rules and avoid disputes later.
Who Needs Estate Planning In Fort Lauderdale
Estate planning is for adults of all ages. If any of these apply to you, the time to plan is now.
- You own a home or condo in Fort Lauderdale
- You have children or grandchildren
- You are married or in a long-term partnership
- You are divorced or remarried
- You have retirement accounts or life insurance
- You own a business
- You want to support a charity
- You want to avoid probate delays
Even a simple plan can create stability. Waiting usually creates risk.
Core Estate Planning Documents We Use For Clients
There is no one size fits all plan. Still, most Fort Lauderdale plans include a few key documents. We design these together so they work as a system.
Last Will And Testament
A will states who receives your probate property and who will handle your estate. In Florida, this person is called a personal representative. A will also allows you to nominate guardians for minor children.
A will is essential, but it does not avoid probate. It remains the foundation for many plans because it provides clear instructions to the court.
Revocable Living Trust
A revocable living trust holds assets during life and transfers them after death without probate. Trusts are a strong fit for Fort Lauderdale residents who own real estate or want privacy. A trust also helps when beneficiaries are young or need structured support.
A trust must be funded. That means your home and key accounts need to be titled into the trust. An unfunded trust is a typical local problem we fix.
Durable Power Of Attorney
A durable power of attorney lets someone you choose handle financial matters if you cannot. This includes paying bills, managing property, and dealing with banks.
Florida has strict signing requirements for these documents. Online templates often fail here. A valid power of attorney can prevent a court guardianship.
Health Care Surrogate And Living Will
A health care surrogate designation names a person to make medical decisions for you. A living will states your wishes about life support and end-of-life care. These documents allow fast decisions during emergencies. They also reduce family conflict in hospitals.
Beneficiary Designations
Some assets do not follow your will. They pass by the beneficiary form. These include:
- Life insurance
- IRAs and 401(k) plans
- Pay on death bank accounts
- Transfer on death investment accounts
Your beneficiary forms must match your plan. They can override your will or trust if they are outdated.
Florida Rules That Matter Most In Fort Lauderdale
A few unique legal rules shape estate planning in Florida. Knowing them helps you understand why local planning is essential.
Florida Homestead Law
Your primary residence may be protected as homestead property. Florida homestead law limits how you can leave the home if you have a surviving spouse or minor child. You cannot simply give the house to anyone you want in a will.
Homestead status can also protect your home from many creditors. In Fort Lauderdale, where real estate often makes up a large part of a family estate, this rule is critical.
Spousal Rights
Florida protects surviving spouses, even if a will says otherwise. A spouse may have rights to part of the estate by law. These rules are essential for blended families and second marriages.
A plan that ignores spousal rights can lead to litigation in Broward County.
Florida Taxes
Florida does not have a state estate tax or inheritance tax. This is one reason many retirees choose Fort Lauderdale. Federal estate tax may still apply to extensive estates. Most families do not owe federal estate tax, but planning is still helpful to reduce stress and delays.
Probate In Broward County And How To Avoid It
Probate is the court process that transfers assets after death. In Fort Lauderdale, probate is handled through Broward County courts.
Probate can be manageable, but it takes time. It also becomes public record. If there are disputes, the process can take much longer.
Types Of Florida Probate
Florida has two main probate paths.
Summary Administration
This is faster and used for smaller estates or when the person passed more than two years ago. It has fewer steps.
Formal Administration
This is used for larger estates or complex cases. It involves more court oversight and usually takes longer.
Ways To Reduce Probate
We help clients reduce probate exposure with practical tools.
- Use a revocable trust and adequately fund it
- Keep beneficiary forms current
- Structure property ownership carefully
- Store documents so your family can locate them quickly
A Fort Lauderdale estate planning lawyer can map which parts of your estate will go through probate and which will not. That clarity is often the most significant relief for families.
A Practical Fort Lauderdale Estate Planning Checklist
Use this checklist before meeting with an estate planning attorney Fort Lauderdale families rely on. It saves time and helps you see gaps.
Step 1. List Your Assets
Write down the big picture.
- Real estate
- Bank accounts
- Retirement accounts
- Life insurance
- Business interests
- Vehicles
- Valuable personal items
Step 2. Gather Documents
Bring what you have.
- Property deeds and mortgage statements
- Account statements that show beneficiaries
- Prior wills or trusts
- Marriage, divorce, or adoption papers
- Business agreements, if relevant
Step 3. Choose Decision Makers
Think about trusted people.
- Personal representative for your will
- Trustee and backup trustee
- Agent under power of attorney
- Health care surrogate
- Guardians for minor children
Step 4. Define Your Goals
Be clear about what matters.
- Avoid probate when possible
- Protect a spouse and children
- Provide fairly for a blended family
- Support a child with special needs
- Preserve a family business
- Reduce conflict risk
- Support charities
Step 5. Review Beneficiaries
Check every primary account.
- Confirm the named beneficiaries
- Add contingent beneficiaries
- Coordinate with your trust and will
Step 6. Plan For Incapacity
Make sure your plan works while you are alive.
- Durable power of attorney
- Health care directives
- Access plan for digital accounts
Step 7. Set A Review Schedule
Life changes. Your plan should evolve.
- Review every three to five years
- Review after marriage or divorce
- Review after a birth or death in the family
- Review after buying or selling a property
- Review after significant tax law changes
Common Estate Planning Mistakes We See In Fort Lauderdale
Many issues are preventable. These are the most frequent problems we correct.
Outdated Documents
A plan from another state or from decades ago may not meet Florida rules. It may also ignore the current family structure.
Trusts Without Funding
Creating trust is not enough. Assets must be transferred into it. Otherwise, probate still happens.
Beneficiary Conflicts
People update a will but ignore old beneficiary forms. That mismatch creates surprises and court fights.
No Power Of Attorney
Without a valid Florida power of attorney, families often need a guardianship case. That is costly and stressful.
Homestead Errors
Leaving a Fort Lauderdale home without following the homestead rules can invalidate parts of a plan. It can also trigger litigation.
How We Approach Estate Planning For Fort Lauderdale Families
We build plans that are clear, Florida-compliant, and easy for your loved ones to use. Our process focuses on your real-life goals, not just documents.
What You Can Expect From Us
When you work with our Fort Lauderdale estate planning lawyer team, we guide you through a simple path.
- We learn about your family and financial picture
- We explain your options in plain language
- We draft documents tailored to Florida law
- We help fund your trust and align beneficiaries
- We provide instructions for your family
- We stay available for future updates
Our goal is not to overwhelm you. It is to make you feel lighter when you leave our office.
Ready To Start Your Estate Plan
If you live in Fort Lauderdale or own property here, estate planning is one of the best gifts you can give your family. It prevents confusion, protects your home, and makes challenging moments easier.
We are here to help you take the next step. Talk with an estate planning attorney Fort Lauderdale clients trust at Biello And Soowal. We will build a plan that protects what you built and the people you built it for.