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When you’re building a family, estate planning often feels like something you can postpone. After all, you’re likely juggling childcare, career development, and a mortgage—not thinking about death or incapacity.
But the truth is, early estate planning isn’t about anticipating tragedy. It’s about creating legal protection, peace of mind, and a financial safety net that ensures your children are cared for, your wishes are followed, and your assets are distributed without conflict.
At The Law Offices of Jeffrey R. Stoll, P.A., we help young parents in Florida start smart, comprehensive estate plans that grow with their family and stand up in court.
One of the most common misconceptions is that estate planning is reserved for retirees or high-net-worth individuals.
In reality, any Florida parent who has children, a partner, or assets—even modest ones—needs an estate plan. Without one, your family is left vulnerable to court intervention, delayed access to funds, and decisions made without your input.
The state of Florida has default rules that dictate where your property goes and who takes care of your children. These rules don’t take into account your relationships, values, or unique family dynamics.
When a parent dies without a will in Florida, the court follows intestacy statutes to divide property, which often results in assets being split in ways you wouldn’t choose.
Even more critical, if no guardian is named for minor children, a judge will assign someone based on what they believe is in the child’s best interest. That decision could conflict with your wishes and even create legal battles among surviving relatives.
Early planning allows you to bypass those risks completely.
For young parents, naming a guardian for minor children is arguably the most important reason to establish a will. If both parents pass away without this designation, the court intervenes.
The guardian chosen may not reflect your values, beliefs, or vision for your child’s upbringing. Worse, multiple relatives may contest the appointment, leading to emotional and financial strain on the family.
Naming a guardian gives you the ability to choose someone who understands your parenting approach, respects your child’s needs, and is willing to take on the responsibility.
You should also consider naming an alternate guardian. Life is unpredictable, and the person you choose today may later be unable or unwilling to serve.
If your preferred guardian declines or becomes incapacitated, the court will look for a backup—so it’s better you decide that in advance. This level of clarity is only possible with a formal estate plan drafted under Florida law.
For young families, a last will and testament is essential. It outlines your wishes for the care of your children and the distribution of your assets.
But in many cases, a revocable living trust offers even greater control, especially if you own a home, have multiple beneficiaries, or want to avoid probate. In Florida, probate can be a lengthy and expensive process, often taking months and involving court fees and legal delays.
A living trust allows your designated trustee to manage and distribute your estate immediately upon your death, bypassing the court entirely.
More importantly, a trust gives you the power to dictate how and when your children receive their inheritance. For example, you may not want an 18-year-old to have unrestricted access to large sums of money.
With a Trust, you can structure staggered distributions—such as partial access at ages 21, 25, and 30—while appointing a trustee to manage funds in the meantime. You can also include language requiring that assets be used for education, housing, or healthcare before discretionary spending.
This approach not only protects your wealth but safeguards your child’s long-term future.
Estate planning isn’t only about what happens after you die—it’s also about what happens if you’re alive but unable to act. A complete Florida estate plan should include a durable power of attorney, which allows a trusted person to manage your finances if you’re incapacitated.
Without this, even your spouse may be blocked from accessing joint accounts or handling important financial decisions. This can become a legal nightmare during emergencies, delaying bills, home sales, or business operations.
Equally important is the healthcare surrogate designation. This legal document allows someone you trust to make medical decisions on your behalf if you are unconscious or otherwise unable to communicate.
In Florida, without this document, medical providers may rely on next of kin, which can result in family disagreements or delays in care.
By appointing a healthcare surrogate in advance, you ensure that your medical treatment aligns with your wishes, not assumptions.
Many parents assume they can “get around to it later” or rely on online templates to create a DIY plan. But estate planning is governed by state-specific rules, and generic documents often fail to hold up in Florida probate court.
Even small errors, like missing witness signatures or improperly titled assets, can invalidate your plan. Worse still, failing to update your documents after major life changes—like the birth of another child, divorce, or purchasing a home—can render your plan outdated and ineffective.
Another common mistake is naming a minor as a direct beneficiary on life insurance or retirement accounts. In Florida, minors cannot legally own property.
If a child is named directly, the court will appoint a financial guardian to manage those assets until the child turns 18. Once the child reaches adulthood, they receive the full amount outright, regardless of maturity.
With a trust, you retain control over how those assets are managed and when they are distributed.
Florida has specific laws regarding how property passes to minor beneficiaries, particularly with regard to homestead property and life insurance proceeds.
If a child inherits a Florida homestead and no trust is in place, the property may be subject to guardianship proceedings, including court supervision of all expenses, repairs, and decisions.
This often results in delays and ongoing costs that deplete the property’s value. A trust eliminates these issues by allowing a chosen adult (the trustee) to manage the home and its expenses until the child is old enough to inherit or sell.
Florida also requires that certain documents, including healthcare directives and durable powers of attorney, be notarized and signed in the presence of two witnesses. These formalities matter. A single missing signature could result in rejection by financial institutions or medical providers during a crisis.
Working with a Florida-based estate attorney ensures your documents are compliant and ready when you need them most.
An estate plan isn’t a static document—it’s a living set of legal instructions that should evolve as your life does. Florida families should revisit their plans every three to five years, or immediately after significant changes.
This includes marriage, divorce, the birth or adoption of a child, a major move, a change in health, or substantial shifts in financial status. It also includes legislative changes, such as updates to Florida’s trust codes or homestead protections.
By staying proactive, you ensure that your plan reflects your current values, relationships, and financial situation. At The Law Offices of Jeffrey R. Stoll, P.A., we build long-term relationships with clients so they’re never left guessing when to review, revise, or reaffirm their documents.
Estate planning is deeply personal—but it’s also highly technical. Generic templates or out-of-state advisors rarely understand the nuances of Florida law. From the state’s unique probate system to its strict homestead protections, estate planning here requires local expertise.
The Law Offices of Jeffrey R. Stoll, P.A. is based in Florida and built to serve Florida families. We guide parents through every decision, draft legally enforceable documents, and ensure your children and assets are protected from uncertainty.
Your children’s security should never be left to chance. The Law Offices of Jeffrey R. Stoll, P.A. offers personalized, Florida-compliant estate plans designed for young families like yours. Whether you’re just starting out or looking to revisit an outdated will, we’ll guide you every step of the way.
Contact us today to secure your family’s future with confidence.
Q: When should young parents begin estate planning?
A: Immediately after having children or acquiring significant assets. You don’t need wealth to need protection.
Q: Can I just use an online template to make a will?
A: Generic templates rarely meet Florida’s legal requirements. Errors in execution or missing clauses can render them unenforceable.
Q: What happens if my child inherits property and there’s no trust?
A: The court appoints a guardian to manage the property until the child turns 18, and your child receives full access to the funds at that age with no oversight.
