Every year, Florida’s estate and probate laws evolve — sometimes in subtle ways, other times in major ones that can impact how your assets are handled. As we step into the final months of 2025, it’s the perfect time to ask an important question: 

Does your estate plan still reflect current Florida law — and your life today? 

At Lumsden Law, we know that even a perfectly written will or trust can become outdated. Families change, financial portfolios expand, and laws shift. What worked five years ago may not work now — and without a proper review, you could be leaving your loved ones with more questions than clarity. 

Here’s what Florida residents need to know about estate planning updates in 2025 — and why it’s crucial to review your documents before the year ends. 

Why Estate Plans Expire (Even If They’re “Done Right”) 

Estate plans are living documents — meant to grow, adapt, and change as your life does. Yet, most Floridians complete their will once and tuck it away in a drawer. 

Here are a few reasons why that can create problems down the line: 

• Law changes: Updates to Florida Statutes — especially Chapters 731–736 governing probate and trusts — can alter how documents are interpreted. 

• Family changes: Marriages, divorces, births, or deaths can instantly change your plan’s effectiveness. 

• Asset growth: New homes, investments, or retirement accounts may not be covered by your existing plan. 

• Outdated executors or trustees: The person you trusted five years ago may no longer be the best fit today. 

The bottom line: If your estate plan is more than three years old, it’s time to take another look. 

2025: Florida’s Subtle but Significant Legal Shifts 

While 2025 hasn’t seen a total overhaul of Florida’s estate statutes, incremental changes in areas like digital assets, homestead exemptions, and fiduciary duties can affect how your plan operates. 

Let’s look at a few examples that Florida residents should know about: 

1. Digital Assets Are Now Fully Recognized 

Florida continues to refine how online and digital accounts are handled after death. Trustees and executors now have clearer authority — if those assets are included in your estate plan. 

If you manage cryptocurrency, social media accounts, or cloud storage files, make sure your will or trust specifies who can access and control those assets. 

2. Homestead Property Protection Remains Complex 

Florida’s homestead laws remain among the most protective in the nation — but also some of the most misunderstood. While your home is shielded from most creditors, how it passes through your estate depends on family structure. 

For instance, if you have a surviving spouse and minor children, your homestead cannot be devised freely in your will. Failing to follow these restrictions can cause probate complications or even invalidate parts of your plan. 

3. New Attention on Fiduciary Duties 

Recent court rulings have reinforced that trustees and personal representatives must act with the highest level of good faith and transparency. This means it’s more important than ever to select someone responsible, organized, and impartial. 

If your trustee or executor hasn’t been reviewed in years — or if you named someone who has since moved away, retired, or fallen ill — now is the time to make adjustments. 

4. Medicaid and Long-Term Care Planning Updates 

Florida’s Medicaid eligibility rules continue to evolve, especially regarding asset transfers and look-back periods. For anyone considering long-term care planning, a small change in the law could mean the difference between qualification and denial. A properly structured irrevocable trust or caregiver agreement can make all the difference. 

Signs It’s Time to Update Your Estate Plan 

How do you know when to revisit your estate documents? If you’ve experienced any of these life events, don’t wait until January: 

• Marriage, divorce, or remarriage 

• New child or grandchild 

• Change in financial situation (new home, business, or inheritance) 

• Relocation to or from Florida 

• Death or incapacity of a named executor, trustee, or guardian 

• Opening digital accounts, cryptocurrency wallets, or online businesses 

• Changes in your health or long-term care plans 

Even if nothing major has changed, a quick legal “checkup” can ensure compliance with current Florida law and keep your family protected. 

The Hidden Dangers of “Set-It-and-Forget-It” Planning 

We often hear from clients who assume their plan will “just work” because it was created by a lawyer years ago. Unfortunately, that assumption can backfire. 

Outdated documents can lead to: 

• Invalid provisions under newer laws 

• Delays or denials in probate court 

• Unintended tax consequences 

• Family disputes over unclear instructions 

Think of your estate plan like insurance — it only protects you if it’s current. 

Estate Planning Checkup | A Simple Year-End Checklist 

Before you hang your fall wreath, take a few minutes to review these key items:

• Is your will or trust less than three years old? 
• Does it reflect your current marital and family status? 
• Have you updated beneficiary designations on bank, IRA, and life insurance accounts? 
• Are your trustee, executor, and power of attorney still the right people? 
• Does your plan address digital assets and real estate? 
• Have you reviewed homestead and Medicaid implications? 

If you answered “no” to any of the above, it’s time to schedule a review. 

Fall Is the Perfect Season for an Estate Plan Refresh 

Just like Florida homeowners prepare for hurricane season or holiday hosting, fall is a natural time to get your financial and legal house in order. 

By reviewing your estate plan before the year ends, you can: 

• Avoid probate surprises 

• Strengthen creditor protection 

• Ensure compliance with Florida’s latest legal requirements 

• Give your family the clarity and comfort they deserve 

Lumsden Law | Helping Florida Families Stay Prepared 

At Lumsden Law, we specialize in helping Florida residents create and maintain legally sound estate plans that evolve with life’s changes. 

Whether you need a simple will review or a complete trust overhaul, our goal is simple: to ensure your plan reflects your current life, your current laws, and your current goals. 

We provide practical, compassionate, and forward-thinking estate planning guidance — so you can move forward with confidence. 

Call to Action 

Don’t let outdated documents haunt your future. 
Schedule your 2025 Estate Plan Checkup today — and start the new year with clarity and peace of mind. 

Frequently Asked Questions

1. How often should I review my estate plan in Florida?
It’s recommended to review your estate plan every 3–5 years or whenever a major life event occurs, such as marriage, divorce, new children, relocation, or significant changes in assets.

2. Do small changes in Florida law really affect my existing will or trust?
Yes. Even subtle updates — such as changes to homestead exemptions, digital asset rules, or fiduciary duties — can impact how your estate plan is interpreted. Regular reviews ensure your documents remain legally effective.

3. What life events require an immediate estate plan update?
Events like marriage, divorce, birth of a child or grandchild, acquiring new property, relocation, or a change in executor/trustee are key triggers to revisit your estate plan.

4. Can Lumsden Law help with digital assets and modern estate planning needs?
Absolutely. Lumsden Law assists Florida residents in integrating digital assets, cryptocurrency, online accounts, and modern long-term care strategies into their estate plans to ensure comprehensive protection.