Choosing a trustee is an important part of creating a trust, and it is a decision that deserves some thought.

Most people start with the obvious question: Who do I trust? That’s a good place to start, but it’s not the only question you should ask.

Being a trustee can be a lot of work. Depending on the trust, the trustee may have to manage investments and other assets, pay bills, keep records, communicate with beneficiaries, work with advisors, meet deadlines, and make decisions that aren't always easy.

For Florida residents putting together an estate plan, one of the most important decisions is whether to use a will, a revocable living trust, or both.

A will and a revocable living trust can both provide instructions for what happens to your property after death. The significant difference is the way each plan operates and the range of circumstances it can address.

A will is primarily a death planning document. It allows you to choose who receives property that passes through your probate estate rather than leaving those assets to Florida's intestate succession laws.

A revocable living trust can address both lifetime and death planning. Depending on the terms of the trust and the assets properly transferred to it, it can provide for the management of trust assets during incapacity, keep those assets out of the probate process, provide greater privacy, and establish how and when beneficiaries receive their inheritances.

For some Florida families, a will-based estate plan may be entirely appropriate. For others, a revocable living trust can provide advantages that make the additional planning worthwhile.

As an estate planning attorney, I often hear some version of this:

“My situation is pretty simple. I don’t have a huge estate, so I probably don’t need anything complicated.”

It’s an understandable assumption. But the size of your estate is only one part of the planning equation.

An estate can be financially modest and still require thoughtful planning—especially when you have specific wishes about when, how, or under what circumstances your beneficiaries should receive their inheritance.

Effective July 1, 2026, Florida enacted significant updates to its probate laws through House Bill 1337, now Chapter 2026-57, Laws of Florida. The legislation implements recommendations intended to make certain uncontested estate matters more efficient for families, beneficiaries, and personal representatives.

The changes include a higher threshold for Summary Administration, a new procedure for certain small intestate estates, increased limits for certain payments to family members, and additional authority for personal representatives dealing with financial institutions.

Here is what Florida families and personal representatives should understand about the 2026 probate law changes.

One of the most common reasons people put off estate planning is because they think it's too expensive.

I understand. Creating a will or trust can feel like a significant investment, especially when you're healthy and not thinking about what might happen years down the road.

But here's what many people don't realize:

Many parents assume that if something happened to them, the people they love would step in and care for their children. Often, family members and trusted friends are ready to help. But when it comes to your children, having a plan can make an already difficult situation less uncertain.

Love and good intentions matter. Having a clear legal plan matters, too.

Many Florida residents are surprised to learn that married couples can use a Florida Community Property Trust (CPT) as part of their estate and tax planning strategy. For couples with highly appreciated assets, this type of trust may provide an opportunity for a significant income tax benefit: a potential adjustment in the tax basis of the entire qualifying asset when the first spouse dies.

Florida is generally a separate-property state, but in 2021, Florida enacted the Community Property Trust Act. This law allows married couples to voluntarily classify selected assets as community property by transferring them into a properly established Community Property Trust.

The potential tax benefit can be substantial. However, a Community Property Trust is not simply a way to obtain a tax advantage. It changes how certain property is classified between spouses and can affect creditor rights, control of assets, inheritance, and what happens during divorce.

Taking care of an aging parent can bring families closer together, but it can also expose cracks that have been there for years. One sibling often becomes the default caregiver. Another handles the finances. Someone else lives out of state and feels disconnected, or criticized for not doing enough. Before long, small disagreements turn into major conflicts.

Unfortunately, this happens more often than most families expect.

The hard part is that caregiving is rarely just about the practical responsibilities. It’s usually tied to long-standing family dynamics: who was always dependable, who got more attention growing up, who carried the burden in the past, and who avoided it. Stress has a way of resurfacing old emotions, especially when decisions involve health, money, and uncertainty.

And there’s another reality many people overlook: your children are paying attention. The way your family handles aging and caregiving today often becomes the example the next generation follows tomorrow.

If you have a child with special needs, standard estate planning advice may not be enough to protect your family's future. In fact, leaving assets directly to your child without considering the effect on needs-based government benefits could create serious problems.

That's because planning for a child with a disability often involves more than deciding who will inherit your assets. You may also need to consider how an inheritance affects eligibility for Supplemental Security Income (SSI), Medicaid, and other public benefit programs, as well as who will help your child make important decisions when they reach adulthood.

With the right planning, your family can work toward providing financial support and improving your child's quality of life without unintentionally disrupting important benefits.

A will does not, by itself, keep your family out of probate. That catches a lot of people off guard. A last will and testament is an important legal document that explains how you want your probate assets distributed and nominates the person you trust to handle your estate. But a will generally does not avoid probate for assets that are titled in your name alone and do not pass automatically to someone else.

This is something I explain to families all the time. Having a will is important, but depending on what you own and how your assets are titled, a living trust may offer benefits that a will alone cannot. Understanding how your assets are titled is an important part of Florida estate planning. The right combination of a will, trust, and incapacity documents can help make sure your plan works the way you intend.

A healthcare proxy—formally known in Florida as a Designation of Healthcare Surrogate—is a legal document that allows you to choose someone you trust to make healthcare decisions on your behalf if you become unable to make or communicate those decisions yourself.

The person you appoint is called your healthcare surrogate. Depending on the authority you grant in the document and the circumstances, your surrogate may communicate with medical providers, receive relevant health information, and make medical decisions consistent with your wishes when you cannot speak for yourself.

Many people assume this type of planning is only important for older adults or people with serious medical conditions. In reality, an unexpected accident, illness, or medical emergency can happen at any age. If you are an adult, it is worth deciding who should speak for you before an emergency occurs.

Learn more about how a Florida Healthcare Surrogate Designation can be incorporated into a comprehensive estate plan.

When families in Central Florida think about estate planning, they usually focus on wills and trusts. Those documents are vital, but if you own a business—especially a Florida limited liability company (LLC)—there is another important document to consider: your LLC Operating Agreement.

For parents in Central Florida, planning for a child with special needs is a deeply personal responsibility. You are not simply deciding who will inherit your assets. You are thinking about who will provide support, how resources will be managed, and how your child's needs can continue to be addressed if you are no longer able to provide care yourself.

Special needs planning is a form of estate and financial planning designed to help provide for a person with a disability while taking applicable public-benefit rules into account. Depending on the individual's circumstances, planning may involve a Special Needs Trust, an ABLE account, coordinated beneficiary designations, and documents addressing future care and decision-making.

A carefully coordinated plan can help families in Winter Garden, Windermere, Clermont, and throughout Central Florida prepare for the future. Tools such as Special Needs Trusts and ABLE accounts may help provide for a loved one without automatically disrupting eligibility for certain public benefits.

These tools have different eligibility requirements, funding rules, and limitations. Understanding how they work together is an important part of protecting your loved one's financial future.

DIY and low-cost estate planning options can feel like a smart, efficient choice. The documents look professional, everything is signed, and it seems like the job is done.

The problem is that many estate planning mistakes are not obvious. They are structural. And they often are not discovered until a family in Winter Garden or Windermere is already dealing with a difficult loss or an unexpected crisis. When an estate plan is created using a generic online form or without careful coordination, the intentions may be good, but the execution can be incomplete.

Estate planning is about more than signing documents. It requires understanding how assets pass, how beneficiaries will receive and manage an inheritance, and who will have authority to act if you become unable to make decisions for yourself.

As parents, we spend years making medical and financial decisions for our children without a second thought. We sign permission slips, speak with doctors, manage insurance, and handle paperwork as needed.

But did you know that when your child turns 18, their legal status changes? Even if your child still lives at home. Even if you still pay their bills. Even if they still call you for advice—legally, they are now an adult.

That means your authority to make decisions for them and access certain private information does not automatically continue just because you are their parent. Your young adult may need to sign specific documents if they want you to help with healthcare decisions, financial matters, or access to certain records.

This does not mean that doctors, hospitals, or other institutions can never communicate with parents. There are exceptions and circumstances in which information may be shared. But without appropriate planning and permissions, parents may discover that they do not have the access or decision-making authority they assumed would continue after their child became an adult.

Many Florida homeowners exploring their estate planning options ask the same question: "Is a Lady Bird deed a less expensive way to avoid probate?" A Lady Bird deed, also known as an Enhanced Life Estate Deed, can be a useful tool for transferring a particular property outside probate. However, it does not accomplish everything a comprehensive estate plan is designed to do.

For families in Winter Garden, Clermont, Windermere, The Villages, and throughout Central Florida, the right choice depends on more than the value of the home. It also depends on family circumstances, other assets, beneficiary arrangements, incapacity planning, and how the property should be managed after death.

Understanding the differences between a Lady Bird deed and a Revocable Living Trust can help you make a more informed decision about protecting your home and planning for your family's future.

If you search "create a will online," you’ll find dozens of websites offering to prepare a will in minutes. So, can you create a valid will online in Florida? Yes. A will prepared using an online service may be valid in Florida if it is properly drafted and executed under Florida law. Florida also recognizes electronic wills, but they must meet additional statutory requirements.

The important distinction is that downloading or completing a document online does not automatically make it a valid will. Florida has specific rules governing signatures, witnesses, and electronic execution. Even a properly signed will may not accomplish everything a family needs from an estate plan.

A document that looks complete is not necessarily a plan that addresses your family's circumstances, protects the people you care about, or coordinates the way your assets will pass after your death.

One of the questions I hear most often is: What happens to my debt when I die? Or, just as often: What happens to my parent's debt?

The answer is: it depends. And whether that answer causes extreme stress for your family—or greater peace of mind—ultimately comes down to understanding how debts are handled after death and planning accordingly.

Debt does not automatically disappear when someone passes away. Outstanding balances are generally addressed through the deceased person's estate. That is why a proper estate plan should not focus only on what you own. It should also account for what you owe, how your assets are titled, and how your family may be affected.

Many people assume that when they need help later in life, a spouse, child, or close friend will automatically step in. But that assumption can leave important questions unanswered. Who will manage your finances if you cannot? Who will communicate with your doctors? Who understands your wishes if you are no longer able to express them?

Longer lifespans, evolving family structures, and adult children moving across the country mean more individuals are aging without a built-in local support system. Even when family members live nearby, busy schedules, work commitments, and emotional stress can make hands-on caregiving far more complicated than anyone expected.

Planning ahead is not simply about deciding who will help you. It is about making your wishes known, choosing people you trust, and putting the appropriate legal authority in place before a crisis occurs.

Artificial intelligence (AI) has made significant strides in recent years, bringing powerful technology into our everyday routines. AI tools can draft emails, brainstorm ideas, answer questions, summarize information, and generate written documents in seconds. With all that speed and convenience, it is natural to wonder: Can AI draft a complete estate plan? More importantly, can you trust an AI-generated will or living trust to protect your family under Florida law?

AI can be a useful starting point for general information and organization. But estate planning involves much more than producing professional-sounding legal language. Your plan must reflect your wishes, your family circumstances, your assets, and the laws that apply to them. A document that looks polished may still contain omissions or provisions that do not accomplish what you intend