Creating an estate plan isn’t just about deciding who gets what—it’s about protecting your family, your assets, and your peace of mind. In Florida, a strong estate plan has a few essentials you simply cannot skip. Here are 10 non-negotiables you should include:

1. A Last Will & Testament

Your will outlines who receives your assets, who will care for minor children, and who will manage your estate. Without one, Florida’s intestacy laws decide for you—often in ways you wouldn’t prefer.

2. A Revocable Living Trust

A trust helps your family avoid probate, saves time and money, and keeps your affairs private. It also allows you to manage assets during your lifetime and after you pass.

3. Durable Power of Attorney

This document gives someone you trust the legal authority to handle financial decisions if you become unable to do so. In Florida, powers of attorney must meet specific statutory requirements—so this one must be drafted carefully.

4. Healthcare Surrogate Designation

This lets you appoint someone to make medical decisions for you if you’re unable to communicate. Without it, your family may face delays or disagreements during emergencies.

5. Living Will

A living will explains your wishes for end-of-life care. It guides your family and medical team so they’re not left guessing about your preferences.

6. HIPAA Authorization

Florida law is strict about medical privacy. A HIPAA release ensures your chosen decision-makers can access your health information when needed.

7. Beneficiary Designations Review

Bank accounts, life insurance, and retirement accounts pass outside your will—so outdated beneficiaries can cause major issues. Reviewing them regularly is essential.

8. Properly Titled Property

If your home or investment properties aren’t titled correctly—whether in your trust or with the right survivorship—your family may still face probate. Property title is a key part of a seamless estate plan.

9. A Plan for Minor Children

Parents should have guardianship instructions and a plan for managing a child’s inheritance. This avoids court battles and ensures children are protected emotionally and financially.

10. Regular Updates

Life changes—marriage, divorce, new children, new property, new laws—and your estate plan should change with it. Reviewing your plan every 3–5 years is non-negotiable for accuracy and protection.

Final Thoughts

A successful Florida estate plan is more than a few documents—it’s a complete strategy that protects your family, honors your wishes, and prevents unnecessary stress. By making these 10 items non-negotiable, you’re building a foundation that truly gives your loved ones peace of mind.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.