Florida Estate Planning
It’s a good idea for everyone to do some basic estate planning—that is, planning to make sure that your wishes are followed after your death, your family is spared unnecessary expense and delay, and that someone you trust will be in charge if you ever become unable to manage things on your own.
Key estate planning documents in Florida include:
- a will, to leave your assets and name your executor
- a durable power of attorney for finances, to name someone to take care of your finances if it’s ever necessary
- a living will, to spell out your wishes for end-of-life medical care, and
- a designation of health care surrogate, to name someone to make sure your health care wishes are honored.
You may also want to consider taking some steps now to avoid probate after your death. Probate is a court proceeding that gives your executor authority to pay your debts and taxes and transfer your assets to the people who inherit them. The process can be expensive and time-consuming, and many people prefer to save their families money and hassle by avoiding it. Probate can be easily avoided with a living trust or other methods—as long as you act during your lifetime. After your death, your family won’t be able to take steps to avoid probate of your estate.
The articles below cover the basics of Florida estate planning issues.
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A will can help you protect your family and your property.
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Florida Restrictions on Who Can Serve as Executor
Learn the rules about who can be your personal representative in Florida.
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Make a Living Trust in Florida
What is a living trust? A trust is an arrangement under which one person, called a trustee, holds legal title to property for another person, called a beneficiary.
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ABLE Accounts in Florida: A Savings Plan for Disability Costs
Florida offers ABLE accounts, but only to Florida residents.
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Make a Living Trust in Florida
What is a living trust? A trust is an arrangement under which one person, called a trustee, holds legal title to property for another person, called a beneficiary.
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Florida's Physician Orders for Life-Sustaining Treatment (POLST) Form
Florida does not currently have a statewide POLST program, but the form is under development and available in a limited number of health care settings.
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Florida has several options when it's time for probate proceedings.
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Probate court proceedings (during which a deceased person's assets are transferred to the people who inherit them) can be long, costly, and confusing.
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Florida offers a probate shortcut for "small estates." This makes it easier for survivors to transfer property left by a person who has died.
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Burial & Cremation Laws in Florida
Here are some answers to common questions about post-death matters in Florida.
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About half the states, including Florida, have never officially considered adopting a death with dignity law. However, citizen groups are actively working to legalize aid in dying in Florida.
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How to Become an Organ Donor in Florida
To be part of the solution to the ongoing need for donated organs and tissues, take the following steps to become a donor after your death.
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Learn the rules that govern home funerals in Florida.
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