More Common Mistakes Involving Estate Planning

May 6, 2020

It is important to plan for the ideal future, but to also have contingencies in place if (and when) the story deviates from the desired narrative. This is where estate planning comes in – it enables individuals and couples to plan for such eventualities as death as well as such potential issues as illness and incapacitation. While many assume that estate planning is for families with complex estates, it can be useful to nearly every family for avoiding potential legal issues, unnecessary expenses and other important matters.


It was about a year ago that we outlined three common estate planning mistakes. These were:

  • Forgetting key elements
  • Failing to update the estate plan regularly
  • Keeping estate plans a secret


Other Mistakes to Avoid

There are other matters to consider when creating or updating an estate plan. These include:

  • Not planning for disability: Unless someone has already cared for a disabled individual, disability is not an issue many will contemplate. It is important to do this because it can have a major impact on finances, the care for the family, or healthcare decisions made on your behalf. This can be handled through a living trust or appointing a power of attorney.
  • Not gifting money: Gifting is a simple way to move up to $14,000 per spouse to others without the gift being taxed. Not only can this have a positive impact on their lives, but it can also reduce your tax obligation.
  • Putting a child’s name on the deed: Gifts worth more than $14,000 are taxable, so it better to pass the home through inheritance.
  • Choosing an executor who is wrong for the job: They may be a blood relation, but they may not be comfortable making financial decisions, handling paperwork or are unable to take the time to address the many obligations involved.
  • Procrastinating: Estate planning is easy to put off until it is too late. This leaves families to deal with a lot of stress even as they go through the mourning process.


Start by Meeting with An Estate Planning Lawyer

Sitting down with a knowledgeable estate law attorney here in Florida is the beginning of a process that is both meaningful and liberating. An attorney with experience in this area can guide clients through the decision-making process and provide options that fit their goals. They can also offer a variety of services to the family as it goes through probate and addresses other matters. It all adds up to peace of mind for the client as well as their family.

Aerial view of luxury waterfront homes along a waterway in a sunny city.
February 5, 2026
Learn how the Florida probate process works and what personal representatives should expect. Attorney Peter J. Snyder helps families in Boca Raton navigate estate administration with clarity and care.
Person in suit writing on paper with gavel on a wooden desk.
December 31, 2025
Navigate commercial real estate transactions with confidence. Attorney Peter J. Snyder assists buyers, sellers, landlords, tenants, and investors in Boca Raton with commercial property deals and disputes.
A lawyer gestures while speaking to a client; a gavel, scales of justice, and documents sit on a wooden table.
December 11, 2025
Keep your Florida business legally protected with strong contracts and compliance strategies. Attorney Peter J. Snyder helps companies in Boca Raton navigate formation, agreements, and ongoing legal requirements to support long-term success.
Gavel and scales of justice on a table with a dark background.
November 13, 2025
Probate Law : Understanding the Process and Your Role
Business meeting: three people around a table, one standing with hands on laptop, others seated with coffee and notepad.
October 16, 2025
Estate Planning Attorney in Boca Raton, Florida: Protect Your Legacy and Your Loved Ones
Gavel resting on a table with law books in the background.
September 17, 2025
Understanding Real Estate Law in Florida: A Guide for Buyers and Sellers
December 7, 2022
If you co-own a property and want to sell, but the other party doesn’t, you may wonder what your legal options are. The situation is quite common. When co-owners do not agree on the sale of the property, they may feel that litigation is the only option to resolve the dispute. However, that is not correct.
March 31, 2021
Real estate purchasers in Florida are often at a loss for understanding what conditions of the sale should be established in writing and included in the deal. Real estate transfers can appear as relatively simple transactions, but the truth is that they can be very complicated when misunderstandings exist between contracting agents. Although there are multiple details that should be included, there are three primary components that must be spelled out in writing for all parties.
March 3, 2021
Trusts can be a great tool for estate planning. In a trust, one party puts assets into an instrument that a trustee manages. This individual looks after the funds until they pass to a beneficiary. In Florida, almost anyone can be a trustee as long as he or she is an adult of sound mind. A corporation, like a bank, can also act as a trustee. So can a professional, like a lawyer. In some cases, testators choose a family member or friend to be a trustee.
March 3, 2021
Your loved one’s will in Florida doesn’t have to be the last word on their estate. You can’t contest the will because you don’t like the outcome, but you could contest the will if you suspect that it’s not legally binding. A judge might use an earlier version of the will or distribute your loved one’s assets according to state law instead.