Is Your Estate Plan Really That Simple - Common Factors That Complicate Florida Estate Planning

At The Soto Law Office, we often hear new clients begin their estate planning consultations with the phrase, “My situation is pretty simple.” It’s a natural assumption, especially when someone doesn’t have complex investments or vast wealth. However, after hundreds of initial estate planning conversations, we’ve found that what seems simple on the surface often involves layers of legal and personal complexity.

Here are some common factors that can complicate an estate plan, even for individuals or families who think their needs are straightforward.

Testamentary Trusts for Children  For parents with minor children or even young adults, it’s common to create a testamentary trust that manages and distributes assets for the benefit of the child. While the concept is simple—protect and provide for your children—the execution involves several key decisions:

• Who will serve as trustee and successor trustee?

• How will the trust be funded?

• What rules will guide the trustee in distributing assets?

• When will the trust terminate?
  

Another layer of complexity is whether all children are to be treated equally or if one child has unique needs that require special provisions. Guardianship designations also come into play, requiring thoughtful discussions and careful drafting.

Unmarried Couples in Committed Relationships  In Florida, unmarried couples who share assets or live together often face additional estate planning challenges. Without the legal protections automatically granted to spouses, these couples need to consider cohabitation agreements to clarify ownership of jointly held property.

If one partner becomes incapacitated or passes away without a solid estate plan in place, the surviving partner could face unintended legal and financial consequences. Addressing these concerns in advance ensures that your intentions are honored.

Estranged or Divorcing Spouses  Estate planning becomes particularly tricky when a couple is separated or in the middle of a divorce. In Florida, until the divorce is finalized, a spouse may still have rights under state law—which can complicate efforts to revise your Will or trust documents.

Often, interim or "bridge" documents are needed during the divorce process to reflect a person’s current wishes while preserving their legal rights. Once the divorce is finalized, estate planning documents should be updated again to reflect the new reality.

Special Needs Beneficiaries  If a loved one has a disability or difficulty managing finances, an outright inheritance could actually jeopardize their financial stability. In such cases, a Special Needs Trust (SNT) may be necessary.

An SNT can protect a beneficiary’s eligibility for government assistance programs while ensuring their long-term care and financial needs are met. These trusts require careful drafting, thoughtful trustee selection, and an understanding of how distributions must be handled.

Pet Provisions and Pet Trusts  Our pets are beloved family members, and planning for their care is a growing priority. Florida law allows for pet trusts, which can ensure your animal companions are cared for if you become incapacitated or pass away.

These trusts require a designated caregiver, a trustee to manage the funds, and clear instructions regarding your pet’s care, diet, medical needs, and more. While this might seem like a small detail, it adds an important layer to your estate plan.

Numerous Beneficiaries  Even if your estate isn’t massive, having many beneficiaries can increase the complexity of your Will or trust. Each beneficiary must be identified clearly, and the distribution—whether by percentages, fixed amounts, or specific items—must be accurately documented.

This also affects estate administration. The more people involved, the more communications, potential for disputes, and legal costs may arise. Knowing this in advance can help you make informed decisions.

Final Thoughts  Estate planning is about more than just checking a box. It's about creating a plan that reflects your life, values, and the people you care about most. At The Soto Law Office, we take pride in helping Central Florida individuals and families build estate plans that are thorough, thoughtful, and tailored to their unique needs.

If you’re unsure whether your estate plan is as simple as it seems, let’s talk. Our experienced team can walk you through your options, help you anticipate challenges, and ensure your wishes are carried out exactly as intended. Call us at (321) 972-2279 or visit www.TheSotoLawOffice.com to schedule your consultation today.