Estate planning isn’t just for the ultra-wealthy or royal families. In Florida—where snowbirds, retirees, professionals, and business owners often juggle multiple properties, accounts, and heirs—it’s essential for anyone who wants control, clarity, and peace of mind.
At Welch Law, PLLC in Jupiter, we help Florida families protect their legacy, avoid costly errors, and create plans that work in real life. Whether you’re new to estate planning or long overdue for a review, here are the most common mistakes to avoid—and how we can help you fix them.
🚫 Mistake #1: Having No Estate Plan at All
Roughly two-thirds of Americans don’t have even the most basic estate planning documents. In Florida, this can mean:
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Your assets go through probate, a public and time-consuming court process.
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State law decides who inherits your estate—not you.
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Your ex-spouse, estranged relatives, or creditors could receive more than your loved ones.
✅ The Fix: Create a comprehensive plan that includes a will, trust (when appropriate), powers of attorney, and health care documents—all tailored to Florida law.
🚫 Mistake #2: Failing to Name or Update Beneficiaries
Many Florida residents forget that life insurance, retirement accounts, and transfer-on-death (TOD) accounts pass outside of your will. If the beneficiary is an ex-spouse or deceased relative, the result can be devastating.
✅ The Fix: Regularly review all beneficiary designations and coordinate them with your overall estate plan. At Welch Law, we build alignment into every strategy.
🚫 Mistake #3: Relying on a Will Alone
Having a will is a great start—but it’s not enough. In Florida, wills go through probate, which exposes your estate to:
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Delays
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Attorney and court fees
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Creditor claims
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Public record exposure
✅ The Fix: We create trust-based plans that allow families to avoid probate, keep matters private, and protect assets.
🚫 Mistake #4: Ignoring the Tax Impact
Poorly timed gifts or misaligned asset transfers can lead to:
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Capital gains taxes
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Gift tax issues
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Increased estate tax exposure
✅ The Fix: We work closely with your financial advisor or CPA to structure tax-smart plans, including charitable strategies, GRATs, and step-up in basis planning.
🚫 Mistake #5: Waiting Until Retirement
Estate planning isn’t just about death—it’s also about incapacity. In Florida, once you turn 18, your parents or spouse can’t automatically make decisions for you.
✅ The Fix: Every adult should have a Durable Power of Attorney, Health Care Surrogate, and HIPAA Authorization, especially college students, newlyweds, and business owners.
🚫 Mistake #6: Thinking Trusts Are Only for the Rich
In Florida, trusts are powerful tools for anyone with:
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Minor children
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Special needs beneficiaries
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Real estate
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Privacy concerns
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Creditor risks
✅ The Fix: We use trusts to bypass probate, protect assets, and ensure smooth, controlled inheritance.
🚫 Mistake #7: Not Reviewing Your Plan
Life changes. So should your estate plan.
✅ The Fix: We recommend reviewing your estate plan every 3–5 years or after major events like:
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Marriage or divorce
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Birth or death in the family
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Buying or selling property
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Retirement or business sale
🚫 Mistake #8: Skipping the Family Conversation
Even the best plan can cause tension if your family is caught off guard.
✅ The Fix: We guide clients through family meetings when needed—and provide strategies for sharing your intentions with sensitivity and strength.
🚫 Mistake #9: DIY Estate Planning
Online forms can’t account for:
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Florida-specific probate laws
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Creditor protections
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Blended family dynamics
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Homestead exemptions
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Medicaid planning
✅ The Fix: Work with a Florida-based estate planning attorney who understands the law, the tools, and how to customize them for your unique life.
Let’s Fix the Gaps—Before They Cost Your Family
Avoiding these common mistakes can save your loved ones thousands in taxes, legal fees, and emotional stress. At Welch Law, PLLC, we build clear, personalized plans that reflect your values, protect your wealth, and preserve your legacy.
Schedule your complimentary estate planning consultation today.
By: Edward J. Welch, Esq. ||| Estate Planning | Wills | Trusts | Asset Protection
If you would like to discuss your legacy options with an estate planning attorney in Jupiter or Palm Beach Gardens, Florida, schedule a complimentary call with Edward J. Welch at Welch Law, PLLC. At Welch Law, WE WANT TO DRAFT YOUR LEGACY!
Reference: MSN (June 24, 2025) “15 Estate Planning Mistakes That Can Cost Families $100,000+”
