Estate planning is about more than “having a will.” It’s about protecting your family, your home, your assets, and your healthcare choices if something unexpected happens. Below are answers to common questions we hear from individuals and families in Jacksonville, Florida.
Estate planning is the process of creating legal documents that control what happens to your assets, healthcare decisions, and loved ones if you pass away or become incapacitated. A solid estate plan can help reduce stress, prevent disputes, and make things easier for your family.
Yes. Even if you don’t consider yourself “wealthy,” an estate plan can still help you:
If you pass away without a will in Florida, you are considered intestate, and Florida law decides who inherits your assets. This can cause delays, unexpected outcomes, and added stress for surviving family members.
A will directs where your assets go after death, but in most cases it must go through probate court.
A revocable living trust can help your family avoid probate for assets placed in the trust, and it often provides more privacy and smoother administration.
In many cases, yes. Most people with a trust also have a pour-over will, which helps transfer any remaining assets into the trust and can name guardians for minor children.
Probate is the legal court process that transfers assets after someone passes away. Some estates move through probate efficiently, but it can also become slow, expensive, and stressful—especially when there are disputes, missing documents, or multiple beneficiaries.
Yes. Proper estate planning can reduce probate exposure by using tools like:
The best approach depends on your goals and your asset types.
Many Jacksonville estate plans include:
A durable power of attorney allows someone you trust to handle financial and legal matters if you become unable to do so. This may include banking, real estate transactions, insurance claims, and other important tasks.
A healthcare surrogate is a person you name to make medical decisions for you if you can’t communicate your wishes. This is critical for avoiding delays or court involvement during a medical emergency.
A living will states your end-of-life preferences, including whether you want life-prolonging procedures under certain circumstances. This can relieve pressure on your family and reduce disagreements during a crisis.
A HIPAA authorization allows your selected loved ones to speak with doctors and access medical information. Without it, family members may face limitations getting updates or making decisions.
Your personal representative (executor) should be someone who is:
Many people choose a spouse, adult child, or trusted friend. In complex situations, a professional representative may be discussed.
Most people serve as trustee while they are alive. You will also name a successor trustee who takes over if you become incapacitated or after death. The right choice is someone who is:
If you have children under 18, estate planning is essential. Your plan can:
This is one of the most important reasons Jacksonville parents create a complete estate plan.
Estate planning can’t guarantee conflict-free outcomes, but it can greatly reduce disputes by:
Clear documentation often prevents confusion—and confusion is where lawsuits start.
You should review your estate plan every 3–5 years, or sooner if you experience:
Basic estate planning (wills and revocable trusts) typically does not protect assets from long-term care expenses. If Medicaid or nursing home planning is a concern, additional strategies may be needed based on your situation.
No. Adults of all ages benefit from estate planning—especially if you:
If you’re over 18, you should have at least basic legal documents in place.
The cost depends on what you need. A simple plan may be less expensive than a plan involving trusts, multiple properties, or blended-family protections. Many clients find that proper planning saves their family time and money later by reducing probate stress and legal issues.
The most common mistakes include:
The best first step is a consultation where we review:
From there, Schnauss Naugle Law can create a plan customized for your needs and guide you through signing and implementation.
If you’re ready to protect your family, your property, and your future, we can help you create a clear estate plan that fits your life.
Katherine Schnauss Naugle, is based in Jacksonville and serves clients throughout the surrounding counties in Northeast Florida. To arrange your initial consultation with an experienced estate planning attorney, call us at (904) 643-6342 or send us an email.
