When it comes to end-of-life planning, one of the most important decisions you will make is creating a Living Will. In Florida, this document allows you to outline your medical preferences if you are unable to speak for yourself. Not all Living Wills are the same, however, and the best option depends on your values and how much control you want over your medical care.

Below, there is a breakdown of the three main types of Living Wills in Florida, explaining how they work, and answering frequent questions about what these documents actually do and do not allow.

The Three Types of Living Wills in Florida

1. Florida Statutory Living Will (Standard Form)

Pros:

• Simple and meets all legal requirements under Florida Statutes Chapter 765.
• Recognized and accepted by all medical facilities in Florida.
• Covers the core questions about life-prolonging treatments.

Cons:

• Uses generic language that may not reflect your personal values.
• Offers limited flexibility if you want to address specific situations.

2. Customized Living Will

Pros:

• Allows you to give detailed instructions for specific treatments, such as artificial nutrition, hydration, pain management, and organ donation.
• Reduces confusion by avoiding vague terms.
• Offers a balance between flexibility and legal enforceability.

Cons:

• Requires careful drafting, ideally with the help of an attorney.
• May take longer for medical providers to review if unfamiliar.

3. Living Will that Prolongs Life

Pros:

• Ensures that doctors use all available measures to keep you alive.
• Appeals to those with strong religious, personal, or cultural beliefs about preserving life at all costs.

Cons:

• May extend life even in cases of suffering or no chance of recovery.
• Can increase medical costs and place emotional strain on loved ones.

Which Living Will Is Right for You?

• Prefer simplicity and universal recognition? → Florida Statutory Living Will
• Want detailed control? → Customized Living Will
• Want all possible medical intervention? → Life-Prolonging Living Will

For most Floridians, a customized Living Will provides the best balance—allowing you to state your wishes clearly while ensuring your healthcare providers and family know exactly what you want.

Common Misconception: Does a Florida Living Will Allow Doctors to End Life?

No. A Florida Living Will does not permit euthanasia or assisted suicide, both of which are illegal in Florida. Instead, a Living Will ensures that you decide whether certain treatments should be withheld or continued if you are:

• Incapacitated, and
• Diagnosed with a terminal condition, end-stage condition, or persistent vegetative state, and
• Two physicians may certify this diagnosis in writing.

Key Takeaways:

• Doctors cannot “kill you.” They can only follow your documented wishes.
• Your Living Will applies only in very limited circumstances under Florida Statutes § 765.304.
• Decisions about withdrawing life-prolonging treatment may require two physicians’ confirmation, i.e., the statute, as written, does not mandate a second physician’s review or signature to confirm the patient’s conditions or wishes before implementing a living will; however, a second physician’s opinion might become relevant in cases of disagreement under Florida Statutes § 765.105, which deals with disputed decisions.

Florida Requirements for a Valid Living Will

To be legally valid, a Florida Living Will must:

• Be signed by you.
• Be witnessed by two people, one of whom is not your spouse or blood relative.

Additional Planning Steps

1. Designate a Healthcare Surrogate
   Choose someone you trust to make decisions when you cannot.
2. Communicate Your Wishes
   Discuss your preferences with family and physicians to reduce conflict.
3. Provide Copies
   Share your Living Will with your surrogate, doctor, and close family.
4. Consider a DNRO (Do Not Resuscitate Order)
   If you do not want CPR, you need a DNRO signed by a doctor and printed on yellow paper (required in Florida).
5. Review and Update
   Revisit your Living Will regularly, especially after health changes.

Final Thought

A Florida Living Will is not about surrendering control, it is about exercising control. By documenting your wishes clearly, you ensure that your medical care reflects your values, relieves your family from guessing, and helps doctors honor your choices.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you are creating or updating your estate plan in Florida, consider including a Living Will. The law firm of CASERTA & SPIRITI in Miami Lakes can help you draft one that complements your legal documents while reflecting your unique voice, perspective, and values.

Estate planning in Florida is not just about drafting Last Wills & Testaments, Trusts, and Powers of Attorney. It is also about making sure your loved ones and fiduciaries understand your intentions, values, and wishes when administering your plan. One often overlooked but extremely valuable tool is the Letter of Intent (LOI), sometimes called a Letter of Wishes.

Unlike a Last Will or Trust, a Letter of Intent is not legally binding in Florida. However, it plays a critical role in guiding your family, Personal Representative, or Trustee when your legal documents alone may not provide enough clarity.

Why Use a Letter of Intent in Florida Estate Planning?

1. Clarifying Intentions

A Florida Will or Trust is legally enforceable, but it often lacks context. An LOI lets you explain why you made certain choices. This can reduce confusion, minimize the risk of family disputes, and ensure your decisions are carried out in the spirit you intended.

2. Distribution of Personal Property

While Florida law allows you to reference a separate written list for tangible personal property (under Fla. Stat. § 732.515), many people also use an LOI to express who should receive sentimental items—jewelry, heirlooms, artwork, letters, or keepsakes. Because these items often hold deep emotional value, written guidance helps avoid disagreements.

3. Guidance for Trustees: Letters of Wishes

In the day-to-day administration of a Trust, a Florida Trustee must give maximum effect to the settlor’s intent. But sometimes a Trust instrument cannot anticipate every situation. A Letter of Wishes provides Trustees with insight into your values, priorities, and expectations for how beneficiaries should be supported.

For example, you may express that funds will be used primarily for education, business startups, or healthcare, while discouraging wasteful spending. Though non-binding, Trustees often give significant weight to such guidance, and courts recognize these letters as important interpretive tools.

4. Special Instructions

LOIs can include instructions about:

• Pet care and funding for a caretaker.
• Family traditions or religious practices you hope continue.
• Maintenance of family property, such as a vacation home.

These kinds of directions, while informal, often mean the most to your loved ones.

5. Funeral and Memorial Wishes

Florida law allows your designated Preneed Guardian or Personal Representative to handle final arrangements. However, your LOI can lighten the burden on grieving loved ones by specifying preferences for burial, cremation, or memorial services.

6. Digital Assets and Passwords

Florida has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), giving fiduciaries limited authority to manage online accounts. An LOI can make this easier by listing your digital assets, usernames, and access instructions, ensuring nothing important is overlooked.

7. Financial Information and Family History

An LOI may include:

• A master list of bank accounts, insurance policies, and debts.
• Contact information for advisors, accountants, and attorneys.
• A family history or legacy message for future generations.

8. Personal Messages

One of the most meaningful aspects of an LOI is the opportunity to leave personal letters or blessings for family members. These words, while not legally operative, often become the most treasured part of your estate plan.

Best Practices for Florida Letters of Intent or Wishes

• Keep it separate from your Last Will or Trust so it can be updated without formal legal procedures.
• Date and sign it for clarity, even though it is not legally binding.
• Avoid language suggesting legal control over Trust assets, which could risk tax complications under IRC §2036.
• Review regularly as your family circumstances, relationships, or wishes evolve.
• Coordinate with your attorney to ensure it complements, not conflicts with, your binding estate documents.

Limitations Under Florida Law

• Not enforceable: Courts and fiduciaries cannot be compelled to follow an LOI.
• Risk of conflict: If instructions contradict your Last Will or Trust, the formal legal document controls.
• Privacy concerns: Sensitive details (like passwords) should be stored securely, not attached directly to your Last Will (which becomes public record in a Florida probate).

Conclusion: A Human Touch in Florida Estate Planning

A Last Will or Trust ensures your estate is administered legally. A Letter of Intent ensures it is administered personally and thoughtfully. Whether it is providing context for your decisions, easing family burdens, or guiding Trustees with your values, an LOI can be one of the most compassionate documents in your Florida estate plan.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you are creating or updating your estate plan in Florida, consider including a Letter of Intent or Wishes. The law firm of CASERTA & SPIRITI in Miami Lakes can help you draft one that complements your legal documents while reflecting your unique voice and values.

Estate planning for families with special needs dependents is both a legal and personal journey. In Florida, the process requires careful planning to ensure your loved one’s lifetime care, financial stability, and continued eligibility for critical government benefits.

Without proper planning, well-intentioned financial gifts or inheritances could unintentionally disqualify your loved one from means-tested programs such as Medicaid or Supplemental Security Income (SSI). By understanding the unique challenges and using the right legal tools, you can create a plan that provides for their needs without jeopardizing their future.

Unique Challenges for Florida Families

Families with special needs dependents often face circumstances that require specialized planning, including:

• Means-Tested Benefits: Medicaid and SSI have strict income and asset limits. Even small increases in assets can cause ineligibility.
• Future Care Planning: Establishing who will make legal, medical, and financial decisions if you are unable to is critical.
• Long-Term Financial Needs: Costs for therapies, medical care, and adaptive equipment often extend throughout a lifetime.

Key Florida-Specific Estate Planning Tools

1. Special Needs Trusts (SNTs)

   An SNT allows you to set aside assets for your loved one’s benefit without disqualifying them from public benefits. Florida recognizes two primary types:

   • Third-Party SNT: Funded by parents, relatives, or others—either during life or through a last will or living trust.
   • First-Party SNT: Funded with the dependent’s own assets (for example, from a personal injury settlement). Florida law requires court approval for these trusts in certain cases.
2. Guardianship & Alternatives

   Florida law allows for plenary (full) or limited guardianship when an adult with special needs cannot make certain decisions independently. Planning ahead allows you to designate a trusted guardian through your last will or pre-need guardian declaration.

3. ABLE Accounts

   Florida’s ABLE United program offers tax-advantaged savings accounts for individuals with disabilities. Funds can be used for qualified expenses without affecting SSI or Medicaid eligibility (up to program limits).

4. Last Wills & Living Trusts

   Your last will or living trust should coordinate with your Special Needs Trust to ensure assets flow into it rather than directly to your loved one. This avoids disqualification from benefits.

5. Letter of Intent (LOI)

   While not legally binding, an LOI provides detailed instructions for future caregivers—covering routines, medical needs, likes/dislikes, and personal history. This personal guidance can be invaluable.

Additional Considerations for Florida Families

• Funding Your Plan: Consider life insurance, retirement accounts, and other assets to fund the trust.
• Regular Reviews: Florida laws and benefit programs change, so review your plan every 2–3 years or after major life events.
• Emotional Factors: Address the emotional needs of both your dependent and future caregivers.
• Community Resources: Leverage Florida’s disability networks, support groups, and online resources for ongoing support.

Why Legal Guidance Matters

Florida’s statutes, guardianship rules, and public benefit regulations are complex. Working with a Florida attorney who focuses on special needs estate planning ensures your documents are legally sound and tailored to your family’s needs.

The right plan can provide peace of mind—knowing your loved one will be cared for, financially protected, and still able to access essential government programs.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

Next Step: If you have a special needs dependent in Florida, our law firm as well as other experienced estate planning attorneys can help you design a customized, legally compliant plan that protects both their future and your peace of mind.

Call CASERTA & SPIRITI in Miami Lakes today to schedule a confidential consultation.

When it comes to planning your estate in Florida, one of the most frequent questions people ask is: “Do I need a Will, a Living Trust — or both?”

The short answer? It depends on your personal situation, goals, and the complexity of your estate.

This OVERVIEW will help a Florida resident understand the difference between these essential legal tools and when each might be right for them. However, remember: every family is different. For personalized guidance, consult a qualified Florida estate planning attorney.

What Is a Will?

A Last Will and Testament is a legal document that outlines your wishes regarding:

• Who inherits your property after you die,
• Who should serve as guardian of your minor children,
• Who should serve as the personal representative (executor) of your estate.

Without a valid Will, Florida’s intestacy laws will determine how your assets are divided, and it may not be what you intended. A Will only becomes effective after your death and must go through probate, which is the court-supervised process of administering your estate.

Think of a Will as answering the questions: Who gets what, when, and how — after I pass away?

What Is a Living Will (Advance Directive)?

A Living Will is a completely different document. It expresses your medical wishes in advance, in the event you are incapacitated and unable to speak for yourself; for example, if you are in a coma or facing a terminal condition.

In Florida, Living Wills are part of a broader set of documents called advance directives, which may include:

• Designation of Health Care Surrogate (Medical Power of Attorney).
• Living Will.
• Do Not Resuscitate Order (DNR), when applicable.

These documents ensure that your preferences are known and respected, and they help relieve your loved ones of the burden of making life-or-death decisions without guidance.

What Is a Living Trust?

A Living Trust (also called a Revocable Living Trust) is a legal arrangement where you transfer ownership of your assets to a trust during your lifetime. You typically serve as the Trustee, managing your assets as usual, with a successor Trustee named to take over upon your death or incapacity.

Unlike a Will, a properly funded Living Trust:

• Avoids probate entirely.
• Keeps your affairs private (unlike probate, which is public).
• Allows for ongoing management of assets in case of incapacity.
• Provides for detailed distribution instructions, including age-based or conditional distributions to beneficiaries.

Wills vs. Trusts: What is the Difference?

Feature	Will	Living Trust
Effective	After death	As soon as it is signed and funded
Covers all assets?	Yes, if listed	Only assets titled in the trust name
Goes through probate?	Yes	No
Private?	No – public record	Yes
Names guardians for minor children?	Yes	No
Manages incapacity?	No	Yes, through successor trustee
Tax planning opportunities?	Limited	More flexible options

When Might a Trust Be a Better Option in Florida?

While most people need a Will, not everyone needs a Trust. However, a Living Trust may be the better choice if:

• You want to avoid probate and keep your estate private.
• You own property in multiple states (which could otherwise require multiple probate cases).
• You have young children, and you want to control when and how they receive their inheritance.
• You are in a blended family, and you want to protect children from a prior relationship.
• You have a high net worth or are concerned about estate taxes.
• You or a beneficiary may become incapacitated, disabled or need asset protection.

Florida-Specific Example: How a Trust Works

Example 1:
Maria and John live in Florida and have two children under the age of 10. They have saved diligently and now have a home, life insurance, and investment accounts totaling $1.2 million. They create a Living Trust to:

• Ensure their assets go to one another first, and then to their children.
• Delay distributions to their children until ages 25 and 35.
• Allow the Trustee to make early distributions for education or emergencies.

This arrangement gives them peace of mind that their children will be financially supported but not overwhelmed by sudden wealth at a young and possibly immature age.

Example 2:
Sarah is remarried with adult children from a prior marriage. She is concerned that if she passes first, her spouse might redirect assets away from her children. Her Trust allows her to:

• Provide income to her spouse during his lifetime.
• Ensure the remaining assets are preserved for her children.
• Minimize future disputes and court involvement.

So, Do You Need a Will or a Trust?

In Florida, the answer depends on your family situation, financial picture, and estate planning goals. For many, a Will is sufficient — especially for smaller estates or straightforward wishes. Others benefit from the flexibility, privacy, and control that a Living Trust provides.

In some cases, you may need both. A comprehensive estate plan often includes:

• A Last Will and Testament-usually a Pour-Over if a Trust is involved.
• A Revocable Living Trust.
• A Living Will / Advance Directive.
• A Durable Power of Attorney.
• A Designation of Health Care Surrogate.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

Get Peace of Mind With a Florida Estate Planning Attorney

At CASERTA & SPIRITI in Miami Lakes, we help individuals and families across Florida create tailored estate plans that reflect their values, protect their assets, and provide clarity for loved ones.

Let us help you decide whether a Will, a Living Trust, or a combination of both is right for you.

Schedule a consultation today to begin your estate planning with confidence.

Making a medical decision for yourself is difficult. Making one for a loved one who cannot speak or decide for themselves can feel overwhelming. These moments are often filled with emotion, urgency, and uncertainty, especially when family members do not agree.

But in Florida, the law offers a clear and compassionate answer:
Do not decide based on what you think is best. Decide based on what they would have wanted.

What Is “Substituted Judgment”?

Florida follows the substituted judgment standard for healthcare decisions made on behalf of someone who is incapacitated.

This means: when you are authorized to make a decision for another person, your legal duty is not to choose what seems best to you, but rather to make the choice they would make if they were able.

This standard applies to:

• A healthcare surrogate named in an advance directive.
• An agent under a valid healthcare power of attorney.
• A proxy (e.g., a spouse or adult child) acting under Florida’s statutory hierarchy when no written directive exists.

No matter your title, your responsibility is the same: represent the patient’s values, not your own.

What Florida Law Says

Florida Statutes § 765.205(1)(b) requires that a surrogate must act in accordance with the principal’s instructions and known wishes. Only if those wishes are unknown can you make decisions based on what seems objectively to be in their best interest.

This is not just a recommendation — it is a legal and ethical obligation.

How to Understand Someone’s Wishes

Making decisions using substituted judgment is not guesswork, it is a process of reflection and discovery.

You can look for clues in:

• Past conversations about healthcare or end-of-life care.
• Religious, cultural, or spiritual beliefs.
• How they reacted to the medical situations of friends or family.
• Social values or personal philosophies.
• Emails, texts, or even light-hearted remarks that hint at their views.

The goal is to form an honest picture of how that person thought about life, health, and dignity, and apply that understanding to their current situation.

When There Are No Clues

Only if no prior statements, values, or consistent behavior are available to guide you can you shift to the “best interest” standard.

But Florida law expects you to try — in good faith — to reconstruct what they might have wanted. The “best interest” fallback must be thoughtful and compassionate and should never be the first resort.

Why Substituted Judgment Matters

Florida’s substituted judgment rule exists to:

• Protect vulnerable patients’ autonomy and dignity.
• Prevent unnecessary family conflict.
• Ensure decisions remain deeply personal, not merely clinical, or convenient.
• Encourage advance care planning and open conversations.

Even when someone cannot speak for themselves, their voice and their values still matter.

Give Your Surrogate the Tools to Speak for You

Designating a healthcare surrogate is not just about picking someone you trust; it is about equipping them with the insight and authority they will need to represent your wishes. That is why it is so important to:

• Create clear advance directives.
• Talk openly with your surrogate about your values.
• Put your preferences in writing — early and clearly.

If you have ever had to make these decisions for someone else, you understand how crucial this guidance can be. And, if no one has made these choices for you yet, now is the time.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

Let Us Help You Plan With Purpose

At Caserta & Spiriti, we help individuals and families throughout Florida document their healthcare wishes with clarity and compassion. We will walk you through:

• Drafting legally valid advance directives.
• Naming a healthcare surrogate.
• Understanding your rights and responsibilities under Florida law.

Contact our office today to protect your voice and give your loved ones the peace of mind they deserve.

In Florida, hurricanes, floods, and wildfires are an unfortunate reality. While the physical and emotional toll of a disaster can be overwhelming, the legal and financial aftermath can be just as challenging. Knowing your rights, and what steps to take, can make a significant difference in your recovery.

The following are six (6) key legal tips to help Florida residents protect themselves, their property, and their financial well-being in the wake of a disaster:

1. Understand Your Legal Rights After a Disaster

If your home or property has been damaged or destroyed, it is important to know where you stand legally. Florida laws vary depending on whether you are a homeowner or renter. You may have questions like:

• Am I still required to pay rent or my mortgage?
• Who is responsible for debris cleanup?
• What are my rights if my landlord will not make repairs?

Your rights often depend on local ordinances, insurance policies, and federal disaster declarations. Check your homeowner’s or renter’s insurance policy and reach out to FEMA or the Florida Division of Emergency Management for guidance.

Tip: Download FEMA’s “Disaster Recovery Resources” guide or consult a Florida attorney to fully understand your rights under state law.

2. Know Who to Call and Where to Get Help

In the chaos that follows a disaster, it is helpful to have trusted resources at your fingertips. Below are key contacts for Floridians:

• FEMA Disaster Assistance: 1-800-621-3362
• Florida Emergency Information Line: 1-800-342-3557
• Florida Department of Insurance (DFS): 1-877-693-5236
• Vital Records (Birth/Marriage/Death Certificates): 1-877-550-7330
• Florida Bar Disaster Legal Services: 1-866-550-2929

Also, the Florida Bar Young Lawyers Division often partners with FEMA to provide free legal assistance during declared disasters.

3. Beware of Scams and Price Gouging

Unfortunately, disasters bring out scammers hoping to take advantage of people in distress. After a hurricane or fire, be cautious when hiring contractors or responding to unsolicited offers.

Florida law prohibits price gouging during a declared emergency (Florida Statutes § 501.160). If you believe you have been overcharged, contact:

• Florida Attorney General’s Price Gouging Hotline: 1-866-966-7226

When hiring contractors:

• Do not pay in full upfront.
• Always get a written contract.
• Ask for proof of Florida licensure and insurance.
• Avoid making decisions under pressure.

4. Protect Yourself from Identity Theft

Disasters often scatter documents and compromise personal security. If your home was looted, your belongings displaced, or paperwork lost, you may be at increased risk of identity theft.

Consider placing a fraud alert on your credit report. This is free and legally guaranteed if you believe you are a victim:

• Equifax: 1-800-525-6285
• Experian: 1-888-397-3742
• TransUnion: 1-800-680-7289

An initial fraud alert lasts 90 days and notifies lenders to verify your identity before approving new credit. You only need to contact one credit bureau, and they are required to notify the other two.

Tip: Keep records of any lost or stolen financial documents and report them immediately.

5. Prevent Contractor Disputes with Proper Contracts

Rebuilding is stressful enough without legal battles over home repairs. Protect yourself before the first hammer swings:

• Never begin work without a signed contract.
• Review the contract with a Florida attorney, if possible.
• Ensure the agreement details labor, materials, cost, payment schedule, and timeline.
• Choose contractors licensed by the Florida Department of Business and Professional Regulation.

Disputes can be costly. A properly drafted contract is your best defense against delays, overcharges, and unfinished work.

6. Know Your Rights in Insurance Disputes

Filing insurance claims is a critical but often frustrating step. Many Floridians are forced to dispute delays, underpayments, or claim denials after disasters.

To protect yourself:

• Document everything—photos, receipts, videos, and emails.
• Review your policy for coverage limits, exclusions, and deadlines.
• Keep a record of every communication with your insurer.
• Respond to written or emailed inquiries promptly and thoroughly.

If you believe your insurance company is acting in bad faith, you may have legal recourse under Florida’s Insurance Consumer Protections (Florida Statutes § 624.155).

Tip: You may also be eligible for free assistance through the Florida Department of Financial Services Consumer Helpline at 1-877-693-5236.

Final Thoughts: Be Legally Prepared Before and After Disaster Strikes

Natural disasters can destroy more than property—they can leave people legally vulnerable. From housing issues to identity theft and contractor fraud, knowing your rights is a critical part of disaster recovery in Florida.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

At Caserta & Spiriti in Miami Lakes, we assist Florida families with emergency legal matters, property disputes, and post-disaster estate planning. Whether you are updating your legal documents after a storm or facing a denial of insurance coverage, we are here to help you rebuild with confidence. Contact our firm today for a consultation or legal guidance following a disaster.

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.