Florida Estate Planning

An overview of essential documents

There are several basic estate planning documents that every Florida resident should have. These include a Will, Durable Power of Attorney, Designation of Health Care Surrogate, Living Will and Declaration of Preneed Guardian.

Dying intestate in Florida

If you die without a Florida will—also called dying intestate—then your property is distributed according to Florida inheritance law:

• Your surviving spouse receives the entire estate if there are no living children or grandchildren (lineal descendants)
• If there are lineal descendants of both you and your spouse—
  • Your spouse gets the first $20,000, and half the rest of estate
  • The lineal descendants share the remaining half
• If at least one of your lineal descendants is not descended from your spouse—
  • Your spouse gets half of the estate
  • The lineal descendants share the other half
• If your spouse does not survive you, your lineal descendants share the estate
• If you have no surviving spouse nor lineal descendants, the estate goes to your parents
• If your parents are not alive, the state goes to your siblings or their descendants

Intestate inheritance provides for family members only. There are no intestate provisions for—

Your estate is administered by a court-appointed representative, who may not be the person of your choosing. Also, the process can be more expensive and protracted than if you had prepared a legally valid will. Learn more about Florida wills.

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Essential lifetime documents

In addition to a will or trust to administer your estate upon death, every individual should consider implementing the following legal documents to ensure that your affairs are properly handled during your lifetime.

• Durable Power of Attorney (for financial matters)
• Designation of Health Care Surrogate
• Living Will
• Declaration of Preneed Guardian

Durable Power of Attorney

This document appoints another individual, known as your “attorney-in-fact”, to make business, financial and legal decisions for you in the event you are incapacitated or otherwise unable to act. A Durable Power of Attorney can reduce or eliminate the need and cost incurred to secure a court-appointed guardian to manage your affairs in the event you should become permanently or temporarily incapacitated.

Designation of Health Care Surrogate

This document enables you to appoint another individual known as your health care surrogate, to make medical decisions for you in the event you are incapacitated or otherwise unable to consent to medical treatment.

Living Will

This document provides your health care surrogate and health care binding instructions concerning the circumstances in which life-prolonging medical procedures which provide no curative benefit may be withheld or withdrawn.

Declaration of Preneed Guardian

This document enables you to appoint who will serve as your guardian in the unlikely event your affairs cannot be properly administered by your attorney-in-fact and health care surrogate.

Elder law attorney Todd Watson explains to you the significance of each of these important legal documents, and tailors them to fit your personal needs.

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Special areas of estate planning

There are several commonly encountered circumstances which require special attention in the estate planning process. People who encounter these special situations include—

Preparing the estate of an elderly person or a gift to a handicapped child or other beneficiary frequently involves dealing with Medicaid or other government programs. Learn more about Medicaid planning and Medicaid eligibility.

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Learn about your basic needs from a Jacksonville estate attorney

For a free telephone appointment with an elder law and estate planning lawyer in Jacksonville, contact Todd Watson, Attorney at Law, P.L.