Essential Estate Planning Documents 

Legal documents everyone, who is at least 18, should have regardless of wealth or marital status or net worth:

Wills

 A Will, or Last Will and Testament, is a document that outlines how you want your assets to be distributed upon your death. If you die without a Will, also known as dying intestate, the state will decide how to distribute your assets.

One significant consequence of not having a Will is its impact on stepchildren. Since stepchildren are not blood relatives, Florida law does not allow them to inherit from an intestate estate. Therefore, you would need name your stepchildren in a Will or Trust in order for them to inherit from your estate. Additionally, stepchildren cannot sue in court for a potential inheritance, as they have no legal rights to the from an intestate estate’s assets.

It's important to understand that joint property, including but not limited to financial accounts, life insurance policies, and retirement plans, passes outside of the estate. These assets are not subject to the instructions outlined in a Will or Trust unless they are explicitly designated to be payable to your estate

Durable Power of Attorney

A Durable Power of Attorney (POA) allows one or more individuals to act on your behalf. The powers granted by the POA take effect immediately and remain in effect as long as you are alive. A POA is commonly used for legal and/or financial transactions, including banking, brokerage activities, buying or selling property, and signing legal documents.

A Designation of Health Care Surrogate grants authority to a person of your choosing to make medical decisions on your behalf when you are unable to communicate your wishes. This is most commonly used when you are unconscious due to an accident or illness, or when you lack the legal mental capacity to make your own decisions or the ability to authorize a procedure. A Health Care Surrogate may also be referred to as a "healthcare proxy" or "durable medical power of attorney."

Living Will

A Living Will is a legal document that allows you to express your preferences regarding life-prolonging medical treatments when death is imminent. In Florida, a Living Will is applicable under three specific conditions: an end-stage condition (organs are shutting down), a terminal condition (typically due to a disease), and a persistent vegetative state (where the person is brain dead but organs are still functioning). For a Living Will to take effect, an assessment by two independent doctors is required to confirm that one or more of these conditions have been met. If both doctors come to the same conclusion, your Living Will becomes effective. Having a Living Will is preferred by physicians because it clearly outlines your wishes in writing. This helps to avoid unnecessary stress and potential disputes among family members regarding end-of-life decisions.

Trust