When it comes to estate planning, misinformation spreads faster than the truth. Too often, Florida residents delay creating a plan because of myths they’ve heard from friends, family, or outdated online sources. The result? Loved ones face unnecessary legal battles, high costs, and emotional stress—all of which could have been avoided. 

At Lumsden Law, we believe in replacing fear and confusion with clarity. Let’s break down five of the most common estate planning myths—and what you really need to know to protect yourself and your family. 

Myth 1: Estate Planning Is Only for the Rich 

The most damaging misconception is that estate planning is only for people with significant wealth. In reality, every adult, whether you own a single condo in Orlando or multiple investment properties, benefits from having a plan. 

Even a modest estate can end up tied up in probate court, costing your family valuable time and money. Estate planning ensures your wishes are honored, not the default rules of Florida intestacy law. 

Myth 2: A Will Is Enough 

Many people think having a Last Will in Florida is the end of the story. While a will is important, it doesn’t help you avoid probate in Florida. If your estate consists solely of a will, your assets will still go through the court-supervised process.

For many families, a revocable living trust or strategic beneficiary designations on accounts can help bypass probate, making it faster and easier for loved ones to access what they need.

Myth 3: I Don’t Need to Plan Until I’m Older 

Life is unpredictable. Illness, injury, or unexpected loss can happen at any age. By starting your estate plan now, you can: 

• Name guardians for minor children. 

• Appoint someone to make healthcare decisions on your behalf if you’re incapacitated. 

• Avoid leaving your loved ones scrambling for answers during a crisis. 

Waiting until “someday” could mean waiting until it’s too late. 

Myth 4: Estate Planning Is Just About Death 

An estate plan is about life, too. It includes essential tools for your lifetime, such as: 

• Durable Power of Attorney – Allows someone you trust to handle your finances if you can’t. 

• Living Will & Healthcare Surrogate Designation – Guides your medical treatment preferences. 

• HIPAA Authorization – Ensures your healthcare agents can access your medical information. 

These documents provide protection during your lifetime—not just after. 

Myth 5: I Can Just Use an Online Form 

Florida has specific legal requirements for wills, trusts, and other estate documents. A generic online form may not comply with state law, leading to: 

• Invalid documents. 

• Unintended tax consequences. 

• Assets being distributed in ways you never intended. 

At Lumsden Law, we tailor every document to Florida’s laws and your unique circumstances. 

The Florida Factor: Unique Laws You Need to Know 

Florida’s estate planning landscape includes: 

• Homestead Property Protections – Special rules for your primary residence. 

• Elective Share Rights – Protecting spouses from being disinherited. 

• Exempt Property Rules – Certain household items and vehicles are automatically protected. 

These laws make it especially important to work with a Florida-based estate planning attorney who understands the nuances. 

Your Plan Should Grow With You 

Your life changes—and your estate plan should, too. Marriage, divorce, children, retirement, and new property purchases are all reasons to update your documents. At Lumsden Law, we recommend reviewing your plan every few years or whenever a major life event occurs. 

The Bottom Line 

Estate planning is not about how much you own—it’s about making sure what you do have is handled the way you want, without unnecessary costs, delays, or disputes. By setting the record straight on these myths, you can take control of your legacy and protect the people who matter most. 

Call to Action: 
Don’t let misconceptions leave your family unprotected. Schedule a consultation with Lumsden Law to create or review your estate plan today.

FAQS:

1: Do I need estate planning if I only have a Last Will in Florida?
A Last Will in Florida is important, but it does not avoid probate. To save time and costs for your loved ones, tools like revocable living trusts or beneficiary designations are often recommended.

2: At what age should I start estate planning in Florida?
Estate planning is not just for older adults. Anyone over 18 can benefit from having key documents like a will, power of attorney, and healthcare directives. Life is unpredictable, so it’s best to plan early.

3: Can I use online forms for estate planning in Florida?
While online forms may seem convenient, they often fail to meet Florida’s legal requirements. This can result in invalid documents, probate delays, or assets being distributed in ways you didn’t intend.

4: How often should I update my estate plan in Florida?
It’s wise to review your estate plan every few years, or whenever you experience major life events such as marriage, divorce, having children, or purchasing new property.