Ghosts and goblins aren’t the only things that can give you chills this Halloween — estate planning myths can be just as frightening. 

Every year, countless Floridians delay or avoid making a will or trust because they’ve heard (and believed) misinformation that could cost their families dearly later. The result? Lost assets, long court battles, and loved ones left picking up the pieces. 

At Lumsden Law, we’ve seen firsthand how these misconceptions can turn simple estate matters into real-life horror stories. So, let’s shed some light on the top estate planning myths that haunt Florida families — and how you can keep your legacy safe from the “monsters” of misinformation. 

Myth #1: “Estate Planning Is Only for the Wealthy” 

This myth is the ghost that never dies. 

Many people assume that estate planning is just for millionaires with mansions and offshore accounts. But here’s the truth: estate planning is for everyone. 

“If you own a home, a car, a savings account, or even digital assets like email accounts or cryptocurrency, you have an estate. Using an Estate Planning Checklist helps ensure what you’ve worked for ends up in the right hands.

Even modest estates benefit from having: 

• A will to designate beneficiaries. 

• A trust to avoid probate and maintain privacy. 

• A power of attorney and healthcare directive to handle decisions if you can’t. 

Without these, your loved ones could be left to navigate Florida’s probate system — a maze no one wants to face alone. 

Myth #2: “My Family Knows What I Want — I Don’t Need a Will” 

It’s comforting to believe that your family will simply “work it out.” But emotions, stress, and differing opinions can turn even the closest families into adversaries when no written plan exists. 

Florida law doesn’t take into account verbal wishes or assumptions. If you die without a valid will, intestate succession laws decide who inherits — and that might not match what you wanted. 

Your home, savings, or personal belongings could end up distributed in ways you never intended. A clear, legally binding will is your best defense against family conflict and confusion. 

Myth #3: “If I Have a Will, My Family Can Skip Probate” 

Unfortunately, having a will doesn’t mean your estate avoids probate. In fact, wills must go through probate in Florida to be validated by the court. 

That process can be long, expensive, and public — which is why many Floridians choose to create a revocable living trust instead. 

A properly funded trust allows your assets to transfer directly to your beneficiaries without court involvement. It saves time, reduces stress, and protects your family’s privacy — no vampires (or creditors) lurking through public records. 

Myth #4: “My Spouse Will Automatically Inherit Everything” 

This myth is one of the most dangerous — and one of the most misunderstood. 

Florida’s inheritance laws are complex. If you pass away with children from a prior marriage, your spouse may not automatically receive the entire estate. Instead, they might share assets with your biological or adopted children — and that can lead to disputes, delays, and confusion. 

With blended families becoming more common, estate planning is essential to ensure fairness and prevent hard feelings later. Through the use of wills, trusts, and spousal waivers, you can clearly define your wishes and protect everyone involved. 

Myth #5: “I’ll Get to It Later” 

This might be the scariest myth of all. 

Life moves fast. Between work, family, and the daily grind, estate planning often gets pushed to “someday.” But “someday” can come too late. 

An unexpected illness, accident, or incapacity can strike without warning. When that happens, not having a plan means your family could be forced into emergency guardianship or probate proceedings just to access your accounts or make healthcare decisions. 

Creating or updating your estate plan now ensures that your loved ones are protected — and that your wishes are honored no matter what tomorrow brings. 

The Real Magic of an Estate Plan 

Estate planning isn’t about fear — it’s about freedom. It’s the power to: 

Control who inherits your assets. 
Protect your home under Florida’s homestead laws. 
Appoint trusted individuals to manage your affairs. 
Keep your family out of court and out of conflict. 
Save money, time, and stress for those you love. 

When done properly, an estate plan gives you peace of mind — and your family a clear roadmap for the future. You might also wonder: are Estate Planning Fees Tax Deductible in Florida? Understanding this can help you plan both your legacy and your finances wisely.

Don’t Let These Myths Haunt Your Family 

Every October, we celebrate fun frights — haunted houses, scary movies, and trick-or-treat nights. But probate nightmares? Those are the kind of scares that last long after Halloween is over. 

The good news? You can avoid them with a few proactive steps: 

• Review your will and trust annually. 

• Confirm your beneficiaries on all accounts. 

• Protect your homestead under Florida law. 

• Talk openly with family about your wishes. 

• Work with an experienced estate planning attorney. 

At Lumsden Law, we take the fear out of estate planning. Our goal is to make the process simple, transparent, and tailored to your life. 

This October, Choose Clarity Over Chaos 

Don’t let procrastination or misinformation leave your loved ones in the dark. Take control of your legacy today — before life writes its own story for you. 

You’ve built a life worth protecting. Let’s make sure your plan reflects that. 

Call to Action 

Ready to bust the myths and protect your family’s future? 
Schedule your estate planning consultation. 

Frequently Asked Questions (FAQs)

1. Why is estate planning important even if I don’t have a large estate?
Estate planning isn’t just for the wealthy. In Florida, anyone who owns property, a vehicle, savings, or personal belongings has an estate. A will or trust ensures your assets go to the right people and helps your family avoid lengthy court processes.

2. Can I avoid probate in Florida with a will?
No — having a will does not avoid probate. In Florida, all wills must be validated by the probate court. However, creating a revocable living trust can help your loved ones bypass probate and receive assets faster, privately, and without court involvement.

3. What happens if I die without a will in Florida?
If you pass away without a will, your estate is distributed under Florida’s intestate succession laws, which may not reflect your true wishes. This can cause disputes among family members and delays in asset distribution. A valid will ensures your voice is heard.

4. How often should I review my estate plan?
It’s best to review your estate plan annually or whenever a major life change occurs — such as marriage, divorce, a new child, or acquiring significant assets. Keeping your documents up to date ensures your wishes remain current and legally effective.