When a loved one passes away, their assets do not automatically transfer to family members. In many cases, the estate must go through Formal Administration, the primary probate process under the Florida Probate Code and Florida Probate Rules.

Formal Administration is typically required when the estate includes real estate, significant assets, or when creditors need to be addressed. The process is handled through the probate court in the county where the person permanently lived, or was domiciled, at the time of death.

The court oversees the legal transfer of assets, the payment of debts, and ensures everything is done according to Florida law.

Who Is in Charge of the Estate?

The person responsible for managing the estate is called the Personal Representative (sometimes referred to in other states as an executor).

If There Is a Will (Testate Estate)

When someone passes away with a valid Last Will and Testament, the person named in the Will to serve as Personal Representative is usually appointed by the court—provided they are legally qualified and willing to serve.

If There Is No Will (Intestate Estate)

If there is no Will, Florida law sets the order of priority:

1. Surviving spouse has first priority
2. If there is no surviving spouse, the heirs (such as children) select a Personal Representative
3. The selection is based on majority interest in the estate, not simply the number of heirs
4. If heirs cannot agree, the court may appoint the person closest in family relationship to the deceased

Who Cannot Serve?

Under Florida law, a Personal Representative cannot serve if they:

• Have been convicted of a felony
• Are mentally or physically unable to perform the duties
• Are under 18 years old

Additionally, non-Florida residents generally cannot serve unless they are closely related to the deceased.

Notifying Creditors

One of the Personal Representative’s first duties is to notify creditors.

This involves:

• Publishing a Notice to Creditors in a local newspaper
• Directly notifying known or reasonably discoverable creditors

Creditors then have limited time to file claims:

• 3 months from the date of first publication, or
• 30 days from direct notice, whichever is later

If a creditor misses the deadline, the claim is usually barred. In almost all cases, claims filed more than 2 years after death are permanently prohibited.

Importantly, the Personal Representative is not personally responsible for paying estate debts. Debts are paid only from estate assets, and only if sufficient funds are available.

Taxes the Estate May Owe

The Personal Representative must ensure all required tax filings are completed, which may include:

• The deceased person’s final income tax return
• An estate income tax return if the estate earns income during administration

Federal Estate Tax

Florida does not have a state estate tax. However, some larger estates may owe federal estate tax.

As of 2026 projections, the federal estate tax exemption is expected to be around $15 million per person. Estates exceeding this amount may owe tax at rates up to 40%. Most Florida estates do not reach this threshold, but careful review is always important.

Wrapping Up the Estate: Final Distribution

After:

• Creditors have been addressed
• Taxes are filed and paid
• Administrative expenses are resolved

…the Personal Representative asks the court to approve the Final Distribution.

At that point:

• Assets are distributed to beneficiaries named in the Will, or
• If there is no Will, assets are distributed according to Florida intestacy law (to spouses, children, or other relatives in a set order)

Once distributions are complete and the court approves, the estate is formally closed.

Why Formal Administration Matters

Formal Administration ensures that:

• Assets are transferred legally and correctly
• Creditors are properly handled
• Family disputes are minimized
• The Personal Representative is protected by court supervision

While probate can seem overwhelming, Florida’s system provides a structured process designed to protect families, beneficiaries, and those handling the estate.

With proper legal guidance, Formal Administration becomes a manageable step toward settling affairs and moving forward with clarity and peace of mind.

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 have any additional questions regarding the foregoing or have any legal issues or concerns, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Estate planning is not a single document or a one-time event, it is a coordinated legal strategy designed to protect your health, your family, your business, and your legacy. In Florida, where family structures, business ownership, and asset profiles vary widely, effective planning requires more than a simple Last Will & Testament.

Below is an overview of the foundational building blocks of a strong Florida Estate plan, with practical insight into how each tool works, why it matters, and how it fits into a comprehensive strategy.

Healthcare Directives: Protecting Your Health and Your Voice

Healthcare Directives are the foundation of any estate plan, regardless of age or wealth. In Florida, these documents ensure that your medical wishes are respected if you are unable to speak for yourself.

A Living Will allows you to express preferences regarding life-prolonging procedures, comfort care, and end-of-life decisions. A Designation of Healthcare Surrogate appoints a trusted individual to make medical decisions on your behalf when you are incapacitated. These documents work together and are governed by Chapter 765 of the Florida Statutes.

Without properly executed healthcare directives, even close family members may be forced to seek court intervention to make urgent medical decisions, often during emotionally charged moments. Thoughtful planning avoids confusion, conflict, and delay, while ensuring dignity and autonomy.

LLC Operating Agreements: Where Business Planning Meets Estate Planning

For business owners, an LLC Operating Agreement is not just a business document-it is an Estate planning instrument.

In Florida, an operating agreement governs:

• Who controls the company during incapacity
• What happens to ownership interests upon death
• Whether interests transfer to heirs or remain with surviving members
• Buy-sell rights, valuation methods, and restrictions on transfer

Without clear succession provisions, a business owner’s death can trigger disputes, forced dissolutions, or unintended transfers to heirs with no business experience. Coordinating your operating agreement with your trust or will is essential to preserve business continuity and family harmony.

The Anatomy of a Trust: Understanding the Structure Behind the Strategy

At its core, a trust is a legal relationship, not a separate entity, designed to hold and manage assets for others. Every trust can be understood by examining four essential classifications:

1. Revocable vs. Irrevocable – Whether the trust can be changed or terminated
2. Inter Vivos vs. Testamentary – Created during life or at death
3. Grantor vs. Non-Grantor – Who bears the income tax responsibility
4. Discretionary vs. Mandatory – How and when distributions are made

A well-drafted trust clearly defines:

• The trustee’s authority and limitations
• Distribution standards
• Beneficiary protections
• Tax planning provisions
• Contingency planning

Poorly drafted trusts often fail not because of bad intent, but because of vague language, conflicting provisions, or failure to anticipate future events. Careful drafting is critical.

Directed Trusts: Separating Power to Protect Wealth

Florida law allows for Directed Trusts, which separate traditional trustee duties among different fiduciaries. For example:

• An investment advisor controls investments
• A distribution trustee manages beneficiary payments
• A trust protector holds limited amendment or oversight powers

This structure is especially useful for families with substantial assets, blended families, or beneficiaries who need protection but not absolute control. Directed trusts offer flexibility without sacrificing accountability and are increasingly popular in modern Florida estate planning.

Prenuptial Agreements: Estate Planning Before “I Do”

Prenuptial Agreements are not just divorce-planning tools; they are powerful estate planning instruments.

In Florida, a valid Prenup can:

• Preserve separate property
• Define inheritance rights
• Protect children from prior relationships
• Waive elective share and homestead rights (when properly drafted)
• Coordinate with Trusts and Last Wills

For individuals entering marriage with existing assets, businesses, or children, a Prenuptial agreement often prevents future litigation and preserves family harmony.

Powers of Appointment: Built-In Flexibility for the Future

A Power of Appointment allows a trusted person to redirect trust assets among a defined group of beneficiaries, often children or grandchildren, based on future circumstances.

This tool provides adaptability across generations, allowing estate plans to respond to changes in tax law, family needs, or beneficiary maturity. When properly drafted, powers of appointment can enhance tax efficiency and preserve long-term flexibility without sacrificing control.

A Coordinated Strategy, Not Isolated Documents

Each of these tools: Healthcare Directives, LLC Agreements, Trusts, Prenuptial Agreements, and Powers of Appointment, works best when integrated into a cohesive plan. Estate planning is not about documents alone; it is about foresight, coordination, and clarity.

A thoughtful Florida estate plan:

• Protects decision-making during incapacity
• Preserves privacy and avoids probate where possible
• Ensures business continuity
• Reduces conflict and litigation
• Transfers not just wealth, but peace of mind

Estate planning done right is proactive, not reactive, and it is one of the most meaningful gifts you can leave to the people who matter most.

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 have any additional questions regarding the foregoing or have any legal issues or concerns, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

When people hear the word trust, they often think it is only for the ultra-wealthy or something reserved for complicated estates. In reality, trusts are practical and flexible tools that benefit everyday Florida families, often in ways a simple Last Will & Testament cannot.

If you want to avoid probate, protect assets, maintain privacy, or make sure loved ones are properly cared for, a trust may be an essential part of your estate plan.

Florida law offers some advantages, especially for homeowners, such as a Lady Bird Deed, but it may not eliminate court involvement or protect all assets. The right trust, used correctly, can save your family time, money, and stress while giving you control over what happens next.

Revocable Living Trust: The Probate-Avoidance Workhorse

A revocable living trust is one of the most common and versatile estate planning tools in Florida. It allows you to keep full control of your assets during your lifetime while ensuring a smooth, private transfer after death.

This type of trust is especially valuable if:

• You own real estate in more than one state
• You want to avoid probate altogether
• You value privacy, since trusts are not public records

While Florida’s probate process is more streamlined than in some states, owning property outside Florida triggers ancillary probate in each additional state, meaning multiple courts, added costs, and delays.

Example:
A couple owns a home in Miami and a vacation cabin in North Carolina. By placing both properties into a revocable living trust, their family avoids probate in both states. The successor trustee distributes assets privately and efficiently, without court involvement.

Irrevocable Trust: Asset Protection and Long-Term Planning

An irrevocable trust is designed for stronger protection. Once assets are transferred into it, they generally cannot be taken back, but that permanence offers meaningful benefits.

Florida strongly protects homestead property, but rental properties, investment accounts, and savings are often exposed. Irrevocable trusts are commonly used for:

• Asset protection from future creditors or lawsuits
• Medicaid and long-term care planning
• Reducing the size of a taxable estate

Example:
A retired business owner transfers a rental property and investment accounts into an irrevocable trust. Those assets are now better protected from future claims and may be excluded for Medicaid eligibility after the applicable look-back period.

Testamentary Trust: Protecting Children and Dependents

Not all trusts have to be created during your lifetime. A testamentary trust is written into your Last Will & Testament and only becomes effective after your death.

This type of trust is ideal if:

• You have minor children
• A beneficiary is financially inexperienced
• You want to control how and when assets are distributed

Without a testamentary trust, Florida courts may control a child’s inheritance via a legal Guardianship until age 18, then release it outright. That is rarely what parents intend.

Example:
A mother leaves life insurance proceeds to her two young sons but directs in her Last Will that the funds be held in a testamentary trust. The trust names an uncle as trustee and gradually distributes funds for education, health, and support until the children reach age 30.

The Bottom Line

Trusts are not about complexity, they are about control, protection, and peace of mind. Whether you need a trust depends on your goals, your family situation, and the assets you own.

A well-crafted Florida estate plan often combines:

• A Last Will, i.e., a Pour Over Will
• One or more Trusts
• Powers of Attorney and Healthcare Directives

The right structure ensures your wishes are carried out privately, efficiently, and without unnecessary court involvement. An experienced Florida estate planning attorney can help determine whether a trust belongs in your plan and which type best fits your life.

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 have any additional questions regarding the foregoing or have any legal issues or concerns, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

If you own property in Florida but live abroad, or if you are a U.S. citizen with assets, family, or a spouse outside the United States, your estate plan requires far more than a standard Last Will or Trust. International estate planning is a specialized area of law that blends U.S. tax rules, immigration status, foreign ownership laws, and international tax treaties into one coordinated strategy. When it is done right, it protects your family, minimizes taxes, and prevents assets from getting trapped in expensive cross-border probate or tax disputes.

The following is a brief overview of how international estate planning works from a Florida legal perspective.

Why International Estate Planning Is Different

U.S. estate planning is built around generous exemptions and spousal protections. However, when a foreign person or non-U.S. citizen spouse is involved, those protections change dramatically.

U.S. Persons vs. Foreign Persons

Under federal law:

• U.S. persons (citizens and domiciliaries) are taxed on their worldwide assets and receive a large estate tax exemption.
• Foreign persons (non-residents who are not U.S. domiciliaries) are taxed only on U.S.-situs assets, but they get a very small exemption.

Green card holders or Lawful Permanent Residents are a mix, i.e., (resident alien), are generally treated as a U.S. person for estate tax purposes. This means the U.S. may tax their assets held anywhere in the world with Exemption Thresholds: Starting January 1, 2026, the federal estate tax exemption for U.S. citizens and domiciled green card holders is projected to be approximately $15 million. Estates exceeding this value are subject to federal taxes of up to 40%.

In practical terms, which means:

• A non-U.S. resident who owns Florida real estate directly can face U.S. estate tax exposure even on modest property values—often with no meaningful tax shelter.
• Florida condominiums, rental homes, brokerage accounts, and even certain business interests are all considered U.S.-situs property for foreign owners.

Non-Citizen Spouses: The Hidden Estate Tax Trap

Many couples assume that leaving everything to a spouse avoids estate tax. That is true only when the spouse is a U.S. citizen.

When a spouse is not a U.S. citizen:

• The unlimited marital deduction does not apply
• Transfers at death can trigger immediate U.S. estate tax
• Gifts during life are subject to special limitations

This affects:

• Florida residents married to foreign nationals
• Snowbirds with international spouses
• International couples buying Florida real estate together

Without proper planning, a surviving spouse may owe estate tax just to keep the family home.

Why QDOTs Are Often a Last Resort

A Qualified Domestic Trust (QDOT) is sometimes used to delay estate tax when a non-citizen spouse inherits assets. But QDOTs:

• Are expensive to set up and maintain
• Require U.S. trustees and annual filings
• Still trigger estate tax later
• Restrict how the spouse can access the money

In Florida practice, better planning before death can often avoid the need for a QDOT entirely.

How Trusts and Entities Can Protect Foreign Owners

Proper structuring makes all the difference.

Instead of owning Florida real estate directly, many foreign clients use:

• Foreign corporations
• Carefully structured LLCs
• U.S. or foreign trusts

These tools can:

• Convert U.S.-situs assets into non-U.S. property
• Reduce or eliminate estate tax exposure
• Avoid Florida probate
• Provide privacy and asset protection

But these structures must be designed carefully. Poorly drafted foreign trusts or incorrectly owned LLCs can accidentally create new tax problems instead of solving them.

Estate Tax Treaties Can Change the Rules

The United States has estate tax treaties with several countries. These treaties can:

• Increase exemptions
• Prevent double taxation
• Change how property is classified

If you or your spouse has ties to a treaty country, your Florida estate plan should be designed around that treaty—not in ignorance of it.

Why Florida Clients Need Specialized Planning

Florida is one of the most popular destinations in the world for:

• International investors
• Retirees
• Snowbirds
• Global families

That makes international estate planning especially important here. A Florida-based lawyer who understands both U.S. tax law and international ownership rules can often save families hundreds of thousands of dollars and years of legal headaches.

The Bottom Line

If you have:

• A non-U.S. citizen spouse
• Property in Florida but live abroad
• Assets outside the United States
• Foreign trusts, companies, or heirs

You do not have a standard estate plan—you have an international one.

Consequently, international estate planning requires specialized legal and tax design to protect your wealth, your family, and your legacy across borders.

If you would like help structuring a Florida-based plan that works globally, an experienced estate planning attorney is needed to guide you.

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 have any additional questions regarding the foregoing or have any legal issues or concerns, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Estate planning is far more than a concern for the wealthy or elderly, it is a critical step for any Florida resident who values control, security, and peace of mind. In reality, it is one of the most practical and protective steps any adult can take starting as early as age eighteen (18). At its core, estate planning is about control, clarity, and compassion: ensuring that your wishes are honored and that the people you love are not left navigating confusion, delay, or unnecessary expense. As various financial planners and wealth management writers aptly note, estate planning helps “forestall bad outcomes.” Florida law strongly reinforces that point.

The Hidden Cost of Doing Nothing

Many Floridians delay creating a Last Will or basic estate plan simply because they procrastinate. Studies consistently show that avoidance, not complexity, is the primary reason people fail to plan. Unfortunately, when planning is postponed, Florida’s legal system steps in to fill the gaps.

Without proper documents in place, families may face:

• Court-supervised probate proceedings
• Delays in accessing bank accounts or paying bills
• Inability to make medical decisions during emergencies
• Exposure to financial mistakes, scams, or tax penalties

Probate is public, time-consuming, and often emotionally draining. With planning, much of it can be avoided entirely.

Financial Vulnerability Increases With Age

Research shows that financial and health literacy tends to decline gradually as people age, making individuals more susceptible to missed deadlines, scams, and costly errors. In real-world terms, this can include:

• Missed required minimum distributions (RMDs) from retirement accounts
• Lapsed insurance policies
• Unauthorized or fraudulent withdrawals
• Unpaid medical or long-term care expenses

In Florida, where a large portion of the population is retired or aging, these risks are particularly pronounced. Proper estate planning is not just about death-it is about protection during life.

Why Estate Planning Starts at Age 18 in Florida

Once a person turns eighteen, parents and loved ones lose automatic legal authority to act on their child’s behalf. Without written authorization, even well-intentioned family members may be barred from helping during a crisis.

At a minimum, every Florida adult should have:

1. Healthcare Surrogate Designation
   Allows a trusted person to make medical decisions if you are unable to do so.
2. Durable Power of Attorney
   Authorizes someone to manage financial and legal matters during incapacity. Under Florida law, this authority must be explicit and properly executed.
3. HIPAA Authorization
   Permits designated individuals to access medical information needed to make informed decisions.
4. Living Will
   Documents end-of-life preferences, including life-prolonging procedures and comfort care.

These documents are often simple to execute, relatively inexpensive, and invaluable when needed. Without them, families may be forced into Guardianship proceedings-one of the most restrictive and costly court processes under Florida law.

A Last Will Is Necessary-But Not Sufficient

A Last Will and Testament directs how assets are distributed at death, but it does not avoid probate. In Florida, probate can take months or longer, particularly when disputes arise or property is involved.

For many families, a Revocable Living Trust, combined with proper beneficiary designations and titling of assets, can significantly reduce or eliminate probate altogether while preserving privacy.

Planning Now Prevents Bigger Costs Later

Clients often hesitate at the upfront cost of estate planning, but the reality is simple: planning in advance is far less expensive than fixing problems later. Probate litigation, Guardianship proceedings, and tax errors routinely cost families far more than the price of a well-crafted estate plan.

More importantly, planning spares loved ones from uncertainty at moments when clarity matters most.

Estate Planning Is an Act of Care

Estate planning is not a checklist-it is a gift. It makes it easier for the people who love you to help you when you need it most. It replaces guesswork with guidance and conflict with confidence.

In Florida, a properly designed estate plan does more than distribute assets. It protects dignity, preserves autonomy, and ensures that your voice is heard-even when you cannot speak for yourself.

If you are over eighteen, own property, have a family, or simply want peace of mind, the best time to plan is now.

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 have any additional questions regarding the foregoing or have any legal issues or concerns, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Probate is Florida’s way of stepping in when no clear plan exists. It is the legal process the court uses to collect assets, pay creditors, and distribute what remains. While necessary in some cases, probate is often slow, public, and expensive, and it frequently adds stress at the worst possible time. In Florida, even a straightforward probate can take many months; contested estates can last years. Court filings become public record, attorney’s fees and costs reduce what families receive, and decisions are governed by statute rather than personal intent.

The final chapter of a life should not be written in a courthouse. With thoughtful planning, much of probate can be avoided or eliminated altogether.

Five Proven Ways to Avoid Probate in Florida

1. Create a Florida Revocable Living Trust

A revocable living trust is one of the most effective probate-avoidance tools under Florida law. While you are alive, you retain full control of your assets and may amend or revoke the trust at any time. Upon death, the successor trustee you named distributes trust assets privately and efficiently, without court supervision.

Unlike a Last Will & Testament, which must be admitted to probate and becomes a public record, a properly funded trust allows for continuity, privacy, and speed. In Florida, this can mean the difference between a smooth transition and months of court involvement.

2. Properly Name Beneficiaries on Financial Accounts

Many assets pass outside of probate by contract rather than by a Last Will. Retirement accounts (IRAs, 401(k)s), life insurance policies, annuities, and many brokerage and bank accounts permit pay-on-death (POD) or transfer-on-death (TOD) or beneficiary designations.

When beneficiaries are properly named and kept up to date, these assets transfer directly to the intended recipients, often within weeks, without probate, court filings, or delay.

3. Use Joint Ownership Carefully and Strategically

Florida recognizes joint ownership with rights of survivorship, allowing property to pass automatically to the surviving owner. This can be effective for spouses and, in limited circumstances, business partners.

However, joint ownership is not a one-size-fits-all solution. It can expose assets to a co-owner’s creditors, create unintended tax consequences, and complicate future planning. Used thoughtfully, it can avoid probate; used carelessly, it can create new problems.

4. Reduce Estate Size Through Gifting and Advanced Trust Planning

Florida has no state estate tax, but federal estate tax planning may still be relevant for higher-net-worth families. Lifetime gifting within IRS limits can reduce the size of a taxable estate while allowing you to see the benefits of your generosity during your lifetime.

More advanced tools, such as irrevocable trusts, charitable trusts, and irrevocable life insurance trusts (ILITs) can further protect assets, reduce tax exposure, and keep wealth outside of probate altogether.

5. Document Intent and Keep It Current

Even the best estate plan fails if it is outdated. Florida families change: marriages, divorces, births, deaths, relocations, and business transactions all affect how an estate should be structured.

A trust or beneficiary designation that no longer reflects reality can be just as harmful as having no plan at all. Regular reviews ensure your documents still do what you intend and only what you intend.

Probate Avoidance Is About More Than Assets

Avoiding probate is not about secrecy or hiding wealth. It is about control, efficiency, and dignity. Probate exposes families to delay, public scrutiny, and unnecessary conflict. More importantly, it can reduce loved ones to line items in a court file at a moment when compassion and clarity matter most.

Courts manage cases, not memories. Judges do not know the stories behind the names, the relationships, or the values that shaped a life. Estate planning allows you, not the system, to decide how your story is honored.

When you plan intentionally, you protect more than property. You preserve unity, reduce emotional strain, and give your family the gift of certainty. Probate is reactive. Legacy is proactive. One allows the system to interpret your life; the other allows your life to guide the system.

Every trust funded, every beneficiary named, every document updated is an act of care. Estate planning done right does not merely transfer wealth; it also transfers peace of mind.

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 have any additional questions regarding the foregoing or have any legal issues or concerns, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

When it comes to estate planning, few terms cause more confusion and more unintended consequences than “per stirpes.” While it might sound like legal jargon, understanding how it works can make or break your estate plan. In Florida, this concept plays a central role in distributing inheritances among descendants. However, it must be used carefully and correctly.

Let us break down what per stirpes means, how it is commonly misunderstood, and how to avoid the costly mistakes that often land Florida families in court.

The Positive: It is Quite Simple, If You Use It Correctly

Per stirpes is a Latin phrase that translates to “by branch.” It is a method of distributing an inheritance down the family tree, i.e., first to children, and if a child is deceased, to that child’s own children (the grandchildren).

Key Rule: Use “per stirpes” only when referring to a person’s descendants and not siblings, nieces, nephews, or children as a separate class.

Examples that work:

• “To my descendants, per stirpes.”
• “To John Smith’s descendants, per stirpes.”
• “To my father’s descendants, per stirpes.”

In each of these examples, the term tells us how to divide the inheritance among the descendants of one specific individual. The distribution starts with that person’s children. If one of them has passed away, their share passes down to their children.

This language is standard in Florida Last Wills and Trusts, and, when used properly, it is a reliable and predictable way to keep assets in the family.

The Negative: It is Easy to Get Wrong

Unfortunately, per stirpes is frequently misused in estate documents. That is because people often think of it as a shortcut or catch-all for naming backup beneficiaries. It is not.

Incorrect Example: “To my brothers and sisters, per stirpes.”

This seems simple, but it is legally incorrect. The term per stirpes applies only to a person’s descendants. Your siblings are not your descendants. The correct phrase (if you want your siblings’ children to inherit their share if a sibling dies) might be: “To my mother’s descendants, per stirpes.”

Yes, that sounds a bit more awkward, however, it is legally correct and avoids confusion or disputes. Keep in mind:

• “Children” are only part of your descendants and not the same as “descendants.”
• You cannot use per stirpes to divide property among siblings, friends, or any other class of beneficiary.
• Adding words like “then-living” can introduce ambiguity and should usually be avoided.

The Dreadful: Misuse Can Lead to Family Fights

The worst misuse of per stirpes happens when people try to combine it with other correct sounding but legally inconsistent terms.

Example: “To my children in equal shares, per stirpes.”

This may seem like you are saying: “I want my kids to inherit equally, and if one of them dies, their kids will take their place.” But legally, it may be a mess. You are mixing a class gift (children) with a distribution method (per stirpes) that does not apply to that class. This could trigger costly litigation among your children and grandchildren.

Even worse is writing:

“To my son, James, per stirpes.”

That statement is legally meaningless and confusing. You are making a gift to one person but then trying to divide it among his descendants using per stirpes, which is only used with a class of descendants, not a single named person.

Bottom Line: Keep It Clean and Legally Sound

Here is the golden rule:

Always use “per stirpes” only with the word “descendants,” and always tie it to one person.

If your goal is to make sure your assets pass to your children, and if they are no longer living, to your grandchildren and great-grandchildren, then use:

“To my descendants, per stirpes.” Or, To my beloved child. If my child predeceases me, then per stirpes to his/her lineal descendants. If my child predeceases me leaving no issue, then per stirpes to my lineal descendants.

Do not try to be clever or concise at the cost of clarity. In estate planning, clarity equals protection for your wishes and your loved ones.

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

Questions About Florida Estate Planning?

At CASERTA & SPIRITI in Miami Lakes, we can focus on crafting legally sound, personalized estate plans that reflect your values and protect your family.

Whether you are naming beneficiaries, drafting a Last Will, or creating a Trust, we can help you avoid costly mistakes and ensure your estate plan truly reflects your intentions.

Contact us today to schedule a consultation. Serving Miami-Dade County and clients throughout South Florida.

When planning for medical emergencies or end-of-life care in Florida, two documents often cause confusion: the Living Will and the Do Not Resuscitate Order (DNRO/DNR). Although people sometimes use these terms interchangeably, they serve very different purposes under Florida law. Understanding the distinction is essential to ensuring your wishes are honored when you are unable to speak for yourself.

As part of a comprehensive incapacity and estate plan, most Floridians should have:

• A Durable Power of Attorney,
• A Designation of Health Care Surrogate, and
• A Living Will.

These advance directives allow your loved ones to manage your legal, financial, and medical decisions without court intervention.

What a Florida Living Will Actually Does

A Living Will is your written statement outlining which life-prolonging procedures you want, or do not want, if you are diagnosed with:

• A terminal condition,
• An end-stage condition, or
• A persistent vegetative state,

as defined in Chapter 765, Florida Statutes.

Life-prolonging procedures can include:

• Ventilators and breathing machines
• Feeding tubes
• Surgery and dialysis
• Pacemakers or implanted devices
• CPR and resuscitation efforts
• Other invasive treatments used solely to prolong the dying process

Most importantly, your Living Will expresses whether you wish to be resuscitated under these circumstances, but it does not create a medical order prohibiting resuscitation. Instead, it tells your physicians and healthcare surrogate what you want and directs them to follow those wishes.

What a Florida Do Not Resuscitate Order (DNRO/DNR) Does

A DNRO (Form DH 1896) is not an advance directive. It is a medical order signed by your physician or APRN (Advanced Practice Registered Nurse) that instructs emergency personnel not to perform CPR if your heart stops or you stop breathing.

Key distinctions:

• It must be on yellow paper, per Florida Department of Health requirements, so EMS can quickly identify it.
• It is typically not prepared by your attorney—your doctor must issue it.
• At home, it should be placed where EMS can easily find it (commonly the refrigerator or bedroom door).
• Without a DNRO/DNR present and visible, EMS must perform CPR, even if your Living Will states otherwise.

A Living Will expresses your intentions; a DNRO/DNR enforces them in real-time during an emergency.

Why DNROs Matter: The Realities of CPR

Many people do not realize how physically traumatic and medically ineffective CPR can be, especially for the elderly or those with chronic illnesses. CPR can lead to:

• Broken ribs
• Internal bleeding
• Lung punctures
• Immediate placement on a ventilator

Statistically:

• A healthy adult has less than a 15% chance of a full recovery after CPR.
• An older adult with serious illness has less than a 2% chance of meaningful recovery.

For this reason, many Floridians choose a DNRO/DNR to avoid unnecessary suffering when death is expected or inevitable.

What Decisions Does a Living Will Cover?

Without clear instructions, Florida healthcare providers must use every available intervention to sustain life. Your Living Will allows you to decide while competent—whether to accept or decline:

• Mechanical ventilation
• Intubation
• CPR
• Feeding tubes
• Dialysis
• Blood transfusions
• Antibiotics
• Other aggressive treatments

These decisions are deeply personal, and Florida law allows you to make them in advance.

Florida’s Legal Framework for Living Wills

Under Florida Statutes Chapter 765:

• Any competent adult may create a Living Will.
• It must be signed in front of two witnesses, one of whom is not a spouse or blood relative.
• It remains valid until you revoke it.
• Healthcare providers who follow your properly executed Living Will in good faith receive legal protection.

Two Common Approaches to End-of-Life Care Decisions

1. Maximum Intervention
   Some individuals prefer that all possible medical treatments be used, regardless of prognosis. Their Living Will may state, for example:
   “I direct healthcare providers to use all available life-prolonging procedures, regardless of my condition or likelihood of recovery.”
2. Comfort-Focused Care
   Others prioritize avoiding unnecessary pain when recovery is not medically possible:
   “If I am in a terminal condition with no reasonable probability of recovery, I direct that life-prolonging procedures be withheld or withdrawn, and that comfort care and pain management be provided.”

Most Florida Living Wills allow you to select specific interventions you would accept or refuse.

Benefits of Creating a Living Will in Florida

A Florida-compliant Living Will offers significant advantages:

1. Ensures your medical wishes are followed
2. Reduces emotional burden on your family
3. Prevents conflict among relatives
4. Preserves dignity in your final stages of life

Tips for an Effective Florida Living Will

To ensure your Living Will works as intended:

• Be specific about the treatments you would accept or decline.
• Update it periodically as circumstances or beliefs change.
• Discuss your choices with loved ones and your healthcare surrogate.
• Provide copies to your doctors and keep it accessible.
• Coordinate it with your Healthcare Surrogate Designation and other directives.

A Difficult but Essential Conversation

Discussing end-of-life care may feel uncomfortable, but documenting your wishes now offers tremendous peace of mind. By completing a valid Florida Living Will and, when appropriate, working with your doctor to execute a DNRO/DNR, you ensure that your values guide your care and that your loved ones are spared from making painful decisions in moments of crisis.

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 have any additional questions regarding the foregoing or have any legal issues or concerns, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

For many Jewish individuals and families in Florida, end-of-life planning is not only a legal responsibility but also a deeply personal expression of faith. A Jewish Living Will—often drafted as a Halachic Living Will—allows Floridians to document their medical wishes in a way that is fully compliant with Florida law while ensuring that all healthcare decisions align with Jewish law (Halacha) and the guidance of a trusted rabbinic authority.

This document integrates the requirements of Florida’s advance directive statutes with the religious principles that govern ethical medical decision-making in Judaism, offering clarity, peace of mind, and legal protection for you and your loved ones.

What Is a Jewish (Halachic) Living Will?

A Jewish or Halachic Living Will is a Florida Advance Directive that:

• Meets all legal requirements for validity under Florida Statutes Chapter 765,
• Appoints a healthcare surrogate who understands your religious wishes,
• Instructs medical providers that all decisions must be made in accordance with Halacha,
• Often designates a rabbi or recognized halachic authority to guide the surrogate and medical team.

This document ensures that your treatment preferences, including life support, pain management, artificial nutrition and hydration, and end-of-life decisions, adhere fully to Jewish religious law.

Key Elements of a Jewish Living Will in Florida

1. Compliance With Florida Legal Requirements

To be valid in Florida, a Living Will, Jewish or otherwise, must be:

• Signed by the principal (the person creating it),
• Witnessed by two adults,
• With at least one witness who is not the principal’s spouse or blood relative.

If the principal cannot physically sign, a witness may sign on their behalf in the principal’s presence and at their direction.

2. Incorporation of Jewish Law (Halacha or Halakha or Halachah)

A Jewish Living Will may include:

• Direct instructions on life-prolonging treatment and life support,
• Guidance on pain management consistent with halachic principles,
• Requests for rabbinic consultation before major medical decisions,
• Statements regarding artificial hydration, nutrition, and resuscitation consistent with Torah law.

Some individuals choose to specify a particular rabbi or organization whose halachic rulings should be followed.

3. Appointment of a Healthcare Surrogate

Florida law allows you to designate a healthcare surrogate who:

• Makes medical decisions if you become incapacitated,
• Ensures your halachic instructions are communicated and honored,
• Consults with the rabbinic authority identified in the document.

This designation is essential, as medical professionals in Florida rely on the legally appointed surrogate to interpret and enforce your wishes.

4. Use of Clear, Customized Definitions

Florida statutes do not define every medical term relevant to halachic end-of-life issues. A Jewish Living Will should clearly define:

• Life-prolonging procedures,
• Artificial hydration and nutrition,
• Comfort care and palliative treatment,
• Circumstances that require rabbinic review.

This minimizes ambiguity and helps ensure compliance with both civil and religious expectations.

5. Ensuring Halachic and Legal Consistency

Working with an attorney knowledgeable in both Florida estate planning and religiously compliant Advance Directives ensures:

• Alignment between Florida law and Jewish ethical mandates,
• Avoidance of contradictions that could invalidate the document,
• Proper execution and enforceability in a medical crisis.

Organizations such as Agudath Israel of America, NASCK (National Association of Chevra Kadisha), and the Greater Miami Jewish Federation also provide guidance and forms that reflect widely accepted halachic standards.

A Halachic Living Will: How It Differs From a Standard Living Will

Most standard living will forms require a person to select specific medical preferences for each scenario. A Halachic Living Will takes a different approach.

It typically:

• Declares that all medical decisions must comply with halacha,
• Delegates interpretation of Jewish law to a qualified rabbi or authority,
• Ensures that treatment options are evaluated based on halachic definitions of pikuach nefesh (preservation of life), suffering, and dignity.

This ensures consistent, halachically appropriate decisions even in complex or unforeseen medical situations.

How to Create a Jewish Living Will in Florida

1. Consult the Right Professionals

Discuss your goals with:

• A Florida estate planning attorney,
• Your rabbi or halachic advisor,
• Your physician and family.

This helps ensure clarity and reduces the likelihood of disputes or confusion.

2. Obtain a Halachic Living Will Form

Florida-specific forms and guidance are available from:

• Agudath Israel of America,
• National Association of Chevra Kadisha (NASCK),
• Greater Miami Jewish Federation,
• Cedars-Sinai and other hospitals with Jewish bioethics programs.

These documents can be adapted to meet Florida’s statutory requirements.

3. Draft the Combined Document

Your attorney will integrate:

• Florida’s legally required language,
• Your specific halachic directives,
• The appointment of a surrogate and rabbinic authority.

4. Execute the Document Properly

Sign your Living Will in the presence of two qualified adult witnesses as required by Florida law.

5. Provide Copies to All Necessary Parties

Distribute copies to:

• Your healthcare surrogate,
• Your treating physician(s),
• Your family members,
• Your rabbi,
• Your attorney.

You may also choose to register it with the U.S. Will/Living Will Registry or The U.S. Advance Care Plan Registry (USACPR) for immediate hospital access.

What a Jewish Living Will Is Not

A Jewish (Halachic) Living Will is not the same as a Halachic Will or Last Will (Tzava’ah), which addresses inheritance and distribution of assets according to Jewish law. Many individuals complete both as part of their overall estate plan.

Conclusion

A Jewish or Halachic Living Will gives Florida residents a powerful tool to ensure their medical care reflects both:

• Florida’s legal requirements, and
• The timeless ethical principles of Jewish law.

By thoughtfully preparing this document, you protect your dignity, relieve your family of uncertainty, and guarantee that your care is handled in accordance with your faith and your values.

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 have any additional questions regarding the foregoing or have any legal issues or concerns, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

For Muslim individuals and families in Florida, advance medical planning involves both legal responsibility and religious guidance. An Islamic (Muslim) Living Will allows you to clearly document your medical wishes in a way that complies with Florida law while honoring the ethical and spiritual principles of Sharia (Islamic law). This combined directive helps ensure that your treatment, especially during critical or end-of-life moments, is handled according to Islamic values such as preservation of life (Hifz al-Nafs), human dignity, and the avoidance of unnecessary suffering.

This document is legally recognized in Florida and serves as an essential part of a comprehensive estate and incapacity plan for Muslims across the state.

What Is an Islamic Living Will?

An Islamic Living Will is a Florida advance directive that:

• Meets Florida’s statutory requirements for a valid Living Will,
• Outlines your medical treatment preferences under Islamic bioethics,
• Appoints a healthcare surrogate who understands and will honor your religious beliefs, and
• Ensures that any decisions made on your behalf reflect your faith and values.

It is important to understand that an Islamic Living Will is separate and distinct from a Last Will and Testament (Wasiyyah), which governs the distribution of assets after death. The Islamic Living Will is purely a medical decision-making document.

Key Legal Requirements for a Valid Living Will in Florida

Under Chapter 765, Florida Statutes, a Living Will must meet certain conditions to be enforceable. A Florida-compliant Islamic Living Will must:

• ✔ Be executed by a mentally competent adult
  You must be at least 18 years old and of sound mind at the time of signing.
• ✔ Be signed in the presence of two witnesses
  At least one witness cannot be your spouse or a blood relative.
• ✔ Be in writing
  Oral directives are not legally valid.
• ✔ Be provided to your physician or medical facility
  This ensures medical staff know your wishes during a crisis.
• ✔ Ideally include a Designation of Healthcare Surrogate
  This companion document authorizes the person you trust, preferably someone familiar with Islamic medical ethics, to make decisions if you are incapacitated.
• ✔ Notarization
  Not required under Florida law but strongly recommended to prevent challenges or claims of improper execution.

Incorporating Islamic Principles Into Your Living Will

Islamic bioethical guidelines strongly influence medical decision-making. An Islamic Living Will may include:

1. Preservation of Life (Hifz al-Nafs)

You may specify that all treatments intended to preserve life should be considered, so long as they offer a reasonable expectation of recovery and are not excessively burdensome.

2. Avoiding Treatment That Only Prolongs the Dying Process

Islam teaches that when death is imminent and no medical intervention will restore meaningful recovery; it is permissible to decline extraordinary or futile treatments.

Your Living Will may direct:

• No artificial life support where recovery is medically impossible
• Withdrawal or refusal of life-prolonging procedures when death is inevitable
• Comfort care only, including pain relief consistent with Islamic teachings

3. Pain Relief and Palliative Care

You can request pain relief even if it may unintentionally hasten death, provided the intent is not to cause death, consistent with Islamic ethics.

4. Organ Donation and Transplants

Different Islamic schools of thought allow organ donation under specific circumstances. Your Living Will can clearly express your position on:

• Donating organs,
• Receiving organ transplants,
• Any religious conditions or restrictions.

5. Islamic Funeral and Burial Instructions

Although funeral directions do not make a Living Will legally binding, many Muslims include statements such as:

• No embalming or autopsy unless legally required,
• Timely burial in accordance with Islamic practice,
• Notification of an Islamic center or imam.

Including these instructions can help guide family members in honoring your religious obligations.

Drafting an Islamic Living Will in Florida

Creating a document that is both legally enforceable and religiously compliant requires careful legal and religious consultation. A well-drafted Islamic Living Will typically involves the following steps:

1. Consult a Florida Estate Planning Attorney

To ensure the document meets all state requirements and aligns with Sharia principles, choose an attorney familiar with:

• Florida’s advance directive laws,
• Islamic bioethics and inheritance concepts, and
• The proper drafting of medical directives for Muslim clients.

2. Clarify Your Religious and Medical Preferences

Discuss your beliefs and intentions regarding:

• Life support
• Resuscitation (DNR/DNI preferences, i.e., Do Not Resuscitate and Do Not Intubate)
• Artificial nutrition and hydration
• Organ donation
• Levels of pain management

Your attorney can help translate these preferences into legally enforceable language.

3. Use Reputable Islamic Resources for Guidance

Many Islamic organizations provide worksheets and educational materials, including:

• Local Masjids and Islamic centers
• Islamic medical ethics organizations
• National Sharia-compliant estate planning groups

These tools can help you prepare, but they do not replace a properly drafted legal document.

4. Execute the Document Properly

Sign the Islamic Living Will with two adult witnesses in accordance with Florida law. Consider notarizing the document for added security.

5. Distribute Copies to Key Individuals

Provide copies to:

• Your healthcare surrogate,
• Your primary care physician,
• Your family,
• Your attorney,
• Your preferred Islamic center, if desired.

This ensures your wishes are known and honored in an emergency.

Why an Islamic Living Will Matters

Creating an Islamic Living Will provides significant benefits:

• ✔ Ensures your treatment aligns with your faith
  Medical decisions will reflect Islamic bioethical principles.
• ✔ Prevents confusion and conflict among loved ones
  Your family will not have to guess or debate your wishes.
• ✔ Protects your legal rights
  Florida providers must follow a properly executed Living Will.
• ✔ Provides peace of mind
  You maintain control over your medical care, even if you cannot speak for yourself.

Conclusion

An Islamic Living Will is an essential tool for Muslims in Florida who want to ensure that their medical treatment, especially in critical or end-of-life circumstances, reflects both Florida law and Islamic values. By thoughtfully planning ahead and working with a qualified estate planning attorney, you can safeguard your religious principles, reduce stress for your family, and secure dignified, faith-aligned medical care.

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 have any additional questions regarding the foregoing or have any legal issues or concerns, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.