ESTATE PLANNING & ELDER LAW SERVICES
Strategic, Compassionate, ThoroughContact Medina Law Firm For Estate Planning Services
Schedule a FREE Consultation
Estate Planning is Not Just For The Elderly
When you hear the words “estate planning,” what pops into your head? For many people, it’s a topic to avoid—something for “later” or only for the elderly. Others feel that even thinking about wills or end-of-life care invites bad luck. But here’s the truth: estate planning isn’t about superstition or old age—it’s about protecting what matters most and preparing for the unexpected.
If you have children, own property, or simply want control over your medical and financial decisions should something happen to you, then now is the time to start the conversation.
What Should be in Every Estate Plan?
-
A Will
Your Will decides who inherits your assets—and more importantly, who will raise your minor children if something happens to you. Without one, that decision could be left up to a judge.
-
A Living Will Also Known as an Advanced Directive
This lets you say in advance that you don’t want to be kept alive by artificial means if you’re in a permanent vegetative state. It’s a gift to your loved ones—they won’t have to guess what you would’ve wanted.
-
Designation of Healthcare Surrogate
This document names the person you trust to make medical decisions for you if you can't. It can spare your family from stress, disagreements, and even a court-ordered guardianship.
-
Durable Power of Attorney
This allows someone you choose to handle your financial affairs if you’re unable to—things like paying bills, managing bank accounts, or even handling legal matters.
-
Burial or Cremation Instructions
A simple document can lift a heavy burden from your family during a difficult time.
-
A Living Trust (optional, but powerful)
Especially helpful if you have young children or want to avoid probate, a trust allows you to control how and when your assets are distributed.
“Do I Really Need a Will?”
Short answer: No, the law doesn’t require one. But let’s talk about what happens if you don’t have a Will.
When someone dies without a Will, the State of Florida decides who gets what—according to a legal formula, not your wishes. Your spouse might not inherit everything. Your kids could inherit part of the estate before they’re ready. And if you don’t have close family? The court starts reaching farther out. In rare cases, everything ends up going to the state.
Worse yet: if you have minor children, a judge will choose who raises them. It might be someone you never would’ve chosen.
And all of this? It’s expensive. Court fees. Legal bills. Delays. A Will prevents this mess—and gives your family clarity when they need it most.
Planning for Incapacity: What Happens if You Can’t Decide for Yourself?
We don’t like to think about it, but many people face a period of incapacity before death—due to illness, injury, or age. Without proper planning, your family may need to go to court to have someone appointed as your guardian.
That process is stressful, public, and costly. But it can be avoided.
A Durable Power of Attorney: Your Financial Backup Plan
This document lets someone you trust step in and manage your finances if you can’t. They can pay your bills, handle taxes, deal with insurance, and more—without a trip to court. It’s a simple step with major impact.
Designating a Healthcare Surrogate: You Choose Who Decides
If you don’t name a healthcare surrogate, Florida law provides a list of who gets to decide for you. It starts with your spouse, then adult children, parents, siblings, and so on. But what if you wouldn’t want those people making your medical choices? A judge may appoint someone who looks good “on paper” but may be the last person you would want to have appointed.
Designating a healthcare surrogate gives you control. You choose who gets the final say—and whether they can access your medical records and make treatment decisions.
A Living Will: Your Voice When You Can’t Speak
A Living Will speaks for you if you’re in a condition where recovery isn’t possible. It allows you to say, ahead of time, that you want to die naturally, with dignity—without artificial life support. It removes that burden from your loved ones. They won’t have to guess or carry guilt. You made the decision for them, with love and clarity.
Should You Consider a Living Trust?
A Living Trust isn’t just for the wealthy. In fact, if you have young children or want your estate handled privately and smoothly, a trust can be a great choice.
A Trust allows you to:
- Avoid or simplify probate
- Control when and how beneficiaries receive their inheritance
- Protect your estate from creditors or lawsuits
- Keep your affairs private—out of court and off public records
Take the First Step—While You Still Can
Estate planning is really life planning. It’s about protecting your children, your spouse, your home, your dignity, and your wishes. It’s not something to fear—it’s something to feel good about.
If you’ve been putting it off, now is the time. Whether you need just the basics or a comprehensive estate plan, I’m here to help you make sense of it all—and get it done.
Let’s talk. Your future self (and your family) will thank you.
Schedule a FREE Consultation
Estate Planning Services
FAQs
Some frequently asked questions and answers about Estate Planning and Elder Care law.
Have more questions? Get in Touch
"Extremely Professional"
Get Your Legal Affairs in Order
Book a call with one of our Estate Planning Attorneys.