022: Does a Will Avoid Probate in Florida? Estate Planning Myths Seniors Still Believe

Most seniors who sit down with Cary Moss believe their estate plan is in order. About 75% walk out surprised. The most common misconception? That a will keeps assets out of probate. In Florida, a will only controls assets in a person's individual name with no joint owner or beneficiary, and those assets still go through probate.

Cary walks Orlando seniors through six core documents: the last will and testament, revocable living trust, durable power of attorney, healthcare surrogate designation, living will, and HIPAA release. She explains Florida's two-witness rule and why out-of-state powers of attorney usually need an update.

She also shares the story of a client whose handwritten note on an asset spreadsheet failed to protect his four daughters, plus what every 18-year-old needs signed before heading off to college.

For anyone unsure their documents still fit their life, this is a clear place to start.

In this episode, you will hear:

• Why having a will does not keep assets out of probate in Florida

• The six documents every Orlando senior should have in place

• When a revocable living trust makes more sense than a will alone

• Florida signing rules that can invalidate DIY and online documents

• Why powers of attorney from other states usually need an update after a move

• How beneficiary designations and joint accounts can undo a well-intended plan

• Where to store original documents so family can reach them in a crisis

Resources from this Episode

https://sawyerandsawyerpa.com/estate-planning/

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