Coral Springs Estate Planning Attorney
30+ years of experience serving Southern Florida
Estate planning includes effective and well thought out, wills and trusts. Rosenberg Law Firm is led by Attorney Andrew G. Rosenberg who has the experience and expertise to help you every step of the way for all your estate plan needs. Our law firm provides comprehensive legal services from our Coral Springs law office, and provides estate plan services for all of Broward County, including (but not limited to): Plantation, Sunrise, Parkland, and Fort Lauderdale Florida.
Estate Planning Broward County
“If You Don’t Plan, You’re Stupid” ™
Estate planning is crucial for everyone, involving the creation of wills and trusts. Many will either inherit assets or leave property for loved ones. If you have delayed your estate planning and are unsure where to start, you're not alone. At Rosenberg Law Firm, we have served Coral Springs and South Florida and all of Broward County for over 30 years, guiding clients in making informed choices to minimize liabilities and maximize what you can pass on to heirs. Let us help you create a plan that secures your loved ones' futures and leaves a lasting legacy.
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Estate Planning Table of Content
Should I Plan My Estate Now?
Biggest Estate Planning Mistakes People Make in Florida
Medical Decision Making in Estate Planning
Should I Plan My Estate Now?
Recent times have shown us more than ever the importance of having a will, trust and estate plan put together. Nobody wants to think about leaving behind their loved ones, so there is often a hesitation to establish an estate plan because it forces us to face a reality we don’t like.
The incredible gift of an estate plan, however, is not only the peace of mind it can bring you but also the peace it can bring to your surviving family and loved ones. When you create an estate plan yourself, you can be confident about getting your affairs in order the way you’d like, and you can alleviate so much stress and strife for your family and loved ones after your death.
Putting your Estate Plan Together can Help your Loved ones Grieve
Thoughtfully putting a Florida estate plan together allows your family the opportunity to grieve and spend more time together, as they won’t need to spend so much time figuring out what to do with your estate, home, assets, etc.
While it’s not a pleasant thought, putting your estate plan together can eliminate any bickering among relatives and it can also help ensure the people you want to get certain assets do, and perhaps certain people you do not want to get certain assets don’t.
Everyone Loses with Probate: Don’t Leave Your Estate Up for Grabs
If someone dies without an estate plan in Florida, it is known as “dying intestate.” If someone dies “intestate,” everything in their estate is subject to probate.
Probate is a court-supervised process which identifies all assets of the person who died, pays off any and all outstanding debts, and then distributes any remaining assets to beneficiaries according to Florida state law and a judge’s discretion. The probate process can be long, grueling and expensive. Your family and loved ones could spend a large portion of their inheritance on court costs and attorneys fees alone.
An estate plan, however, can help use the law as a shield to protect your assets from probate. This can also help save your family from any additional heartache.
A Will Alone Doesn’t Protect Your Assets & Loved Ones from Probate
A Florida will is often viewed as the “golden ticket,” when it comes to planning for the future and protecting and distributing our assets. A will on its own, however, guarantees there will be the probate process for your loved ones.
People often have the misconception that if their assets are below a certain level, a will can protect them from probate, but that is not the case. A will cannot protect your assets from probate in Florida.
The Biggest Estate Planning Mistakes People Make in Florida
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 G. 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 G. 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.
Understanding Medical Decision Making in Estate Planning
What are the key legal documents involved in medical decision making?
Medical decision making involves determining who will make healthcare choices for an individual unable to communicate due to incapacitation or terminal illness. The episode outlines three primary documents that facilitate this process, each serving a distinct purpose in estate planning.
What is the role of a health care surrogate in medical decision making?
A health care surrogate is a designated individual authorized to make medical decisions on behalf of someone who is incapacitated. For example, if an individual is unconscious following a car accident, their health care surrogate would decide on treatments, such as whether to proceed with surgery. This role ensures that a trusted person who understands the individual’s preferences can act in their best interest, making it a cornerstone of effective medical planning.
What is a DNR order and when should resuscitation not be attempted?
A do-not-resuscitate (DNR) order instructs healthcare providers not to perform cardiopulmonary resuscitation (CPR) if an individual’s heart stops or they cease breathing. The episode illustrates this with an anecdote about a biker who had a DNR tattoo, ensuring his wishes were unmistakable in an emergency. Unlike a living will, a DNR specifically addresses resuscitation efforts, making it a distinct but complementary document in medical planning.
Why are these medical planning documents essential for every family?
The absence of health care surrogates, living wills, or DNR orders can lead to significant challenges. Without these documents, family members may disagree on treatment options, causing emotional distress and potential legal battles. Hospitals often require these documents to clarify patient wishes and minimize liability. The episode highlights a personal experience where, during a hospital visit for kidney stones, healthcare providers immediately inquired about the presence of a health care surrogate and living will, emphasizing their importance in medical settings.
How should someone choose the right health care surrogate?
Selecting a health care surrogate requires careful consideration to ensure the chosen individual is trustworthy and aligned with one’s medical preferences. The episode advises appointing an odd number of surrogates or a single primary surrogate with alternates to prevent decision-making deadlocks. A humorous anecdote about caring for an aging dog illustrates the importance of choosing a surrogate who respects the individual’s wishes, even if they differ from their own. Clear communication with the surrogate about one’s preferences is essential to ensure they are prepared to act appropriately.
What is the critical difference between a health care surrogate and a living will?
A significant distinction exists between a health care surrogate and a living will. Without a living will, the health care surrogate holds substantial authority, often described as the “God document,” as they can make life-or-death decisions regarding life support. A living will, however, explicitly outlines an individual’s preferences for end-of-life care, reducing the burden on the surrogate and ensuring clarity. The episode emphasizes that both documents are vital but serve complementary roles in medical decision making.
How can conflicts in medical decision making be resolved?
Conflicts may arise when a health care surrogate, medical professionals, and family members disagree on treatment decisions. The episode suggests several strategies to address such disputes. Open communication among all parties is the first step to understanding differing perspectives. If consensus cannot be reached, involving an ethics consultant or palliative care specialist can facilitate mediation. Legal action, though a last resort, may be necessary in unresolved cases, highlighting the importance of clear legal documentation to minimize conflicts.
Why is taking action now critical for medical and estate planning?
In summary, health care surrogates, living wills, and DNR orders are indispensable tools in estate planning, ensuring that an individual’s medical wishes are honored and reducing the potential for family disputes. These documents provide peace of mind and legal clarity, making them essential for anyone planning their medical and financial future. For more information on creating these documents and securing your legacy, visit Rosenberg Law Firm.