The Biggest Estate Planning Mistakes People Make in Florida

by Andrew Rosenberg | Sep 12, 2025 | Estate Planning

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Why is procrastination the #1 estate planning mistake?

Florida estate planning attorney Andrew Rosenberg emphasized that the most common mistake he sees is procrastination. Many people delay creating or updating their estate plans because they fear confronting death or believe they can handle it later. Andy explained that life is unpredictable, and tomorrow is never guaranteed. Families often suffer the consequences when loved ones pass away without proper planning in place.

Why does a will alone create a false sense of security?

According to Andrew Rosenberg, relying solely on a will is another major mistake. Many people mistakenly think that having a will avoids complications, but in reality, a will guarantees probate court in Florida. Andy pointed out that probate is costly, time-consuming, and public. Unlike Hollywood portrayals where an attorney reads a will and everything is neatly resolved, the actual probate process can drag on for months and incur significant expenses.

What are the dangers of not updating beneficiaries?

Another common mistake is failing to update beneficiary designations on life insurance, retirement accounts, or bank accounts. Andy explained that life events such as divorce, remarriage, or the birth of children and grandchildren often make prior beneficiary choices outdated. For example, if someone fails to update a policy after divorce, an ex-spouse could unintentionally inherit the proceeds. Similarly, if children under 18 are named, a guardianship court must be opened to manage the funds until they reach adulthood. These oversights often cause financial and legal headaches for surviving family members.

What are some real-world examples of estate planning gone wrong?

Andrew Rosenberg highlighted famous cases to show how poor planning affects even wealthy individuals. Gene Hackman’s estate became tied up in legal disputes because of unclear contingency beneficiaries, creating conflict between charities and disinherited children. In another example, the Miami Dolphins were forced to be sold by the Robbie family due to estate tax issues stemming from inadequate planning. These cases demonstrate that without careful and updated planning, even prominent families can lose control of their legacies.

What are the risks of joint ownership with adult children?

Andy strongly cautioned against naming children as joint owners on bank accounts, brokerage accounts, or real estate. While some parents do this for convenience, it often leads to unintended consequences. Joint ownership can disinherit other children, complicate property sales, and expose assets to the child’s financial risks. If a child faces a lawsuit, divorce, or bankruptcy, the jointly owned account could be seized. Andy shared a real client story where a mother added her financially struggling son to her accounts, only to later discover he was filing for bankruptcy. Her assets were immediately at risk.

Why is incapacity planning just as important as death planning?

Most people focus only on planning for death, but Andrew Rosenberg emphasized that incapacity is just as critical to address. Without proper planning, individuals risk being subjected to Florida’s guardianship court, which operates separately from probate court. Andy pointed to Britney Spears’ highly publicized conservatorship case as an example of what can happen when incapacity isn’t properly planned for. Tools such as durable powers of attorney and advance directives can prevent unnecessary court involvement and ensure a trusted person can manage affairs in case of disability.

What should you do if mistakes have already been made?

For those realizing they may have made mistakes in their estate planning, Andrew Rosenberg reassured that changes can be made as long as a person is alive and not incapacitated. His advice is to gather all existing documents and meet with an estate planning attorney to review and update them. Nothing is set in stone until death or incapacity occurs, so there is still an opportunity to correct errors and avoid complications for loved ones.

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