A Florida will can carry a no-contest clause that sounds airtight and still be unenforceable. John Marshall walks through the five estate planning mistakes he sees most among Florida families, starting with documents drafted before a move, a marriage, or the 2011 overhaul of the state’s power of attorney law. He explains why an unfunded or poorly funded trust can still land a family in probate. Married couples who title joint assets to a joint trust lose their creditor protection.

John also covers beneficiary forms that send an IRA to an ex, the flaws in DIY and AI-drafted documents, and the cost of assuming the kids will sort it out. He closes with a bonus warning about attorneys who draft whatever a client asks for, even when Florida law won’t allow it.

Every one of these mistakes is fixable if someone catches it in time.

In this episode, you will hear:

• Why wills and trusts from another state can fail under Florida law
• The 2011 power of attorney statute and the guardianship it can force
• Unfunded trusts and the homestead deed that never got recorded
• How joint trusts strip married couples of tenancy by the entirety protection
• Beneficiary designations that send an IRA to an ex or leave a special needs child without a trust
• The real risks of DIY and AI-drafted estate documents
• Family disputes that start when parents assume the kids will figure it out

Resources from this Episode

Get Your Free Guide - Florida homestead law works differently from the state you came from. This free guide covers the five assumptions that cost families here the most: https://go.marshalllawpa.com/optin

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.