Protect What Matters Most—Even When You are Just Getting Started
When most people hear “estate planning,” they think of retirees or seniors. But the truth is, young couples, especially those with children, have just as much to gain from putting a plan in place. Whether you have just gotten married, recently started a family, or are simply beginning your life together, estate planning is one of the most responsible and loving steps you can take.
Despite its importance, fewer than one-third of Floridians with young children have a Last Will and Testament, and even fewer have a complete estate plan. At Caserta & Spiriti, we believe that understanding what estate planning can do is the first step toward peace of mind and long-term protection.
Why Young Couples Often Delay Estate Planning
It is understandable that young couples might postpone making an estate plan. Common reasons include:
- Feeling “too young” or healthy
- Believing they do not have enough assets
- Not yet having children
- Finding the topic unpleasant or uncomfortable.
While those reasons are common, they overlook an essential truth: Life is unpredictable. Serious illness or an accident can happen at any age, and planning today can help avoid legal complications and emotional stress for your spouse or children later.
What an Estate Plan Can Do for Young Couples
A comprehensive estate plan is not just about what happens when you die, it is about protecting your loved ones and making important decisions before a crisis occurs. Key benefits include:
- Naming Guardians for your children
- Ensuring your assets go to the right people
- Avoiding probate delays and court involvement
- Reducing family conflict and uncertainty
- Giving someone you trust legal authority to manage your medical or financial affairs if you are incapacitated.
Core Documents in a Florida Estate Plan for Young Couples
A basic but effective estate plan typically includes the following:
1. Last Will and Testament
This document:
- States who inherits your assets
- Names a Personal Representative (Executor) to handle your estate
- Appoints a Guardian for minor children
- Can include a Minor’s Trust to manage your children’s inheritance.
If you die without a Last Will in Florida, state law, not your personal wishes, will determine who inherits your assets. That process can be slow, impersonal, and expensive.
2. Durable Power of Attorney (Financial)
This document allows you to appoint someone to manage your finances if you become unable to do so. That person (your “Agent”) can:
- Pay your bills
- Access bank accounts
- Handle insurance or property matters
- Deal with taxes and investments.
Without this document, your spouse may have to go to court to be granted the authority to act thereby delaying urgent decisions.
3. Designation of Health Care Surrogate (Medical Power of Attorney)
This document names the person you trust to make medical decisions for you if you cannot communicate. Without it, loved ones may struggle to access medical information or make choices during a medical crisis.
4. Living Will (Advance Directive)
This document outlines the type of medical care you want, or do not want, if you are in a terminal condition or permanently unconscious. It can address:
- Life support
- Feeding tubes
- Pain management
- End-of-life wishes.
These decisions protect your dignity and reduce stress on your family during difficult times, helping avoid tragic cases like those of Terri Schiavo or Nancy Cruzan.
5. Preneed Declaration of Guardian
If you become incapacitated without naming a legal Guardian for your children, the court will appoint one. This declaration lets you choose in advance who will care for your child, someone who shares your values and whom you trust.
What Happens If You Do Not Have a Last Will?
If you die without a Last Will in Florida:
- The court appoints a Personal Representative (Executor) to administer your estate
- After paying debts, taxes, and funeral costs, assets are distributed according to state law
- Your children’s inheritance may be placed under court-supervised guardianship
- Unmarried partners receive nothing automatically without legal documents
- A judge, not you, chooses a Guardian for your children.
This default system often fails to reflect your actual wishes or family situation, and that’s exactly what estate planning helps avoid.
Key People to Appoint in Your Plan
- Guardian: Cares for your minor children if both parents pass away
- Personal Representative: Wraps up your estate and handles legal/financial duties
- Trustee: Manages assets in a trust for your children’s benefit
- Agents: Act on your behalf under financial and medical powers of attorney.
Choosing the right people, who are responsible, capable, and trustworthy, is one of the most important parts of your plan.
What About a Trust?
If you have young children, a Testamentary Trust (a trust created under your Last Will) can protect their inheritance until they are old enough to manage money wisely. A Trustee will:
- Invest and manage the funds
- Use them for education, health, and support
- Distribute them according to the rules you set.
Trusts can help avoid court oversight and ensure your children’s needs are met long-term.
Estate Planning Is Affordable, Quick—and Reassuring
For most young couples, the process is:
- Simple: Your attorney helps guide you every step of the way
- Affordable: Many employer-sponsored legal plans or legal insurance cover the cost
- Flexible: Your estate plan can be updated as life evolves, such as marriage, children, career growth, or homeownership.
Once completed, you will have peace of mind knowing your family is protected—now and into the future.
Start Early—Plan Smart
You do not have to be wealthy, elderly, or facing a crisis to plan wisely. In fact, starting young makes it easier to:
- Make calm, thoughtful decisions
- Protect your loved ones from the unexpected
- Set a solid foundation for your family’s future.
There is a reason many of our older clients have estate plans, because they know how important it is. If you are a young couple or a new parent, now is the right time to take this step for the people you love.
The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.
Talk to a Florida Estate Planning Attorney
At CASERTA & SPIRITI in Miami Lakes, our experienced attorneys provide estate planning services tailored to your needs, values, and life stage. From simple Last Wills to more advanced Trust planning, we make the process understandable and stress-free.
Call us today to schedule your estate planning consultation and take the first step toward peace of mind.