Melbourne, Florida, Trust, Estate Planning And Probate Law Blog

Creating an estate plan is an important part of becoming an adult. However, simply drawing up a will and choosing someone to act as a health care proxy does not mean that a person's job is done. Regularly updating documents is an important part of estate planning that many people in Florida tend to overlook. Here are a few situations that indicate a person should consider updating his or her plan.

For those who created their estate plan while living in another state, an update is in order. Laws that govern estate planning are typically not covered at the federal level, so anything someone drafted while living in another state may no longer be relevant. Individuals who recently moved to Florida should make sure to update their wills, trusts, living wills and health care powers of attorney, or take the risk that these documents may be ineffective in this state.

Going through a divorce leaves little mental space or energy for dealing with other matters. However, this does not mean that individuals in Florida can simply ignore everything else. While it can be frustrating to realize that there is even more to deal with, updating an estate plan during or soon after a divorce is essential.

Wills are often seen as an extension of their makers, but this cannot be the case when the documents list assets that are no longer in their possession. Divorce involves the dividing of marital property, so failing to update a will might ultimately paint an inaccurate picture of a person's post-divorce assets. Heirs would probably not be pleased to learn that they will not receive an inheritance because their parent or grandparent left them something that they do not even own anymore. Adjusting how much an heir receives to better reflect divided financial accounts is also important.

Creating a comprehensive estate plan is usually done with the best of intentions, and most people in Florida probably hope that their carefully crafted documents will help their surviving family members deal with the aftermath of their death. Regardless of intentions, many wills still end up causing serious tensions. For better estate planning results, consider the following.

Naming an executor is not about picking the closest friend or kindest family member. Being an executor requires a certain set of skills, including attention to detail, an ability to stay organized, scrupulous ethics and more. This means that a person may not want to select the oldest child because of seniority, but instead consider which person might best fill the needs of the role. Communicating the reasons behind this choice beforehand can also help quell any opposition that may arise later.

Discussing end-of-life matters is not always easy, but those who tackle the topic with their family can realize incredible benefits. Unfortunately, loved ones are not always so receptive to these topics. Florida individuals who want to discuss their estate plan with heirs but are worried about their reaction may want to consider these helpful tips.

Having this discussion often means laying a few ground rules. These may include no interrupting, respecting -- without necessarily having to agree with -- each person's opinion and keeping everything private. It is not really possible to have an open discussion about the contents of a will if people are constantly talking over one another and ignoring what they have to say.