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Top Estate Planning Mistakes and How to Avoid Them

19, Dec 2025

Estate Planning in Melbourne, Florida is one of the most important steps you can take to safeguard your assets and ensure your family’s future security. Yet, even with the best intentions, many people make critical errors that can undermine their plans. At Lemieux & Jacoby Elder Law Advocates, we’ve witnessed how minor oversights can lead to major financial and legal complications for families. Below are some of the most common estate planning mistakes—and how to avoid them effectively.

1. Not Having an Estate Plan at All

One of the biggest mistakes is failing to create an estate plan. Many people assume that estate planning is only for the wealthy or elderly, but that’s far from true. Without a plan, Florida’s intestacy laws determine how your assets are distributed—often not in the way you’d wish.

How to avoid it: Start your estate planning early. A will, trust, and healthcare directives ensure your wishes are legally protected, no matter your age or financial status.

2. Forgetting to Update Your Estate Plan

Life changes—marriage, divorce, birth of children, or acquiring new property—can all impact your plan.

How to avoid it: Review your estate plan regularly, ideally every 2–3 years or after any major life event. This ensures your documents accurately reflect your current circumstances and intentions.

3. Overlooking Beneficiary Designations

Many people forget that life insurance policies, retirement accounts, and certain investments have beneficiary designations that override what’s written in your will.

How to avoid it: Revisit your beneficiary forms regularly. Make sure the listed individuals align with your estate plan to prevent confusion or unintended distributions.

4. Not Planning for Incapacity

Estate planning isn’t just about what happens after death—it’s also about who manages your affairs if you become incapacitated.

How to avoid it: Create a Durable Power of Attorney, Health Care Proxy, and Living Will to ensure trusted individuals can make medical and financial decisions on your behalf.

5. Failing to Minimize Estate Taxes and Probate Costs

Without proper planning, your estate could be subject to high taxes and lengthy probate proceedings.

How to avoid it: Consider living trusts, gifting strategies, or joint ownership to simplify the transfer of assets and reduce costs. An experienced attorney can help structure your estate efficiently under Florida law.

6. DIY Estate Planning

Online templates might seem convenient, but they often fail to comply with Florida’s complex legal requirements.

How to avoid it: Work with a qualified estate planning attorney in Melbourne, Florida to ensure every document is legally sound and customized to your situation.

Estate planning is one of the most important steps you can take to secure your family’s future. At Lemieux & Jacoby Elder Law Advocates, we specialize in Estate Planning in Melbourne, Florida, helping families protect their assets and achieve peace of mind. Schedule a consultation today to safeguard what matters most. Visit lemieuxjacoby.com or call 321-723-8388 to get started.


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