What estate planning actually is

The two moments a plan covers

Almost every mistake in this area comes from confusing the two. A will has nothing to say while you are alive. A power of attorney has nothing to say after you die. You need both, and they are separate documents.

• While you are alive but incapacitated — powers of attorney, healthcare designations, HIPAA release, living will.
• After death — will, trust, deeds, beneficiary designations.

What happens in Florida if you do nothing

Intestacy law decides who inherits, using a formula that knows nothing about your blended family, the stepchild you raised, or the sibling who needs help. The court, not you, appoints who administers the estate and who is considered for guardianship of minor children.

And if you are incapacitated rather than deceased, your family's only route to acting for you is a guardianship petition — a court case, on the public record, that takes months and costs considerably more than the documents would have.

What does not pass under your will

This surprises people, and it is worth knowing before you spend money on the wrong thing.

• Retirement accounts, pensions and life insurance with a named beneficiary — the form controls, not the will
• Property owned jointly with right of survivorship
• Payable-on-death and transfer-on-death accounts
• Anything already titled in a living trust

How to work out what you need

Roughly: if you want a valid say in who inherits, you need a will. If you want someone able to act while you are alive, you need powers of attorney. If you want to keep your family out of probate and off the public record, you are looking at a trust or, for a single Florida home, a lady bird deed.

If none of that resolves it, the free 30-minute consult exists precisely for this, and it costs nothing.