Most estate planning checklists you find online are written for nowhere in particular. That is a problem in Boca Raton, where Florida’s homestead protections, our heavy population of out-of-state transplants, and the absence of any state estate tax change what actually matters. This checklist is organized around the mistakes Boca families most often make, so you can avoid them rather than just tick boxes.
Mistake 1: Treating a will as your whole plan
A will only governs assets that pass through probate. Many Boca Raton snowbirds and retirees hold their wealth in accounts with beneficiary designations, jointly titled property, and brokerage accounts. If you name beneficiaries and title assets carefully, much of your estate may never touch a will. The checklist item: list every asset and note how each one actually transfers. A will is a backstop, not the main event.
Mistake 2: Ignoring Florida homestead rules
Florida’s homestead protection under Article X, Section 4 of the state constitution is powerful, but it also restricts how you can leave your home. If you are married or have a minor child, you cannot freely devise your homestead. A Boca Raton condo or single-family home left to the wrong person in a will can trigger an unintended life estate and remainder split. Confirm your home plan complies with Florida homestead law.
Mistake 3: Skipping the durable power of attorney
Under Florida’s durable power of attorney statute (Chapter 709), an effective document lets someone manage your finances if you cannot. Florida no longer recognizes “springing” powers that activate only on incapacity for documents signed after 2011, so your agent’s authority is immediate once signed. Many people delay this document and then face a costly guardianship proceeding instead. Put a durable POA, a health care surrogate designation, and a living will on your list.
Mistake 4: Forgetting the elective share
Florida gives a surviving spouse an elective share of roughly 30 percent of the elective estate under Section 732.2065 and following. Blended families are common in Boca Raton, and a plan that tries to cut out a spouse often fails when the spouse elects. If you are remarried, plan around the elective share rather than assuming a will alone controls.
Mistake 5: Assuming you owe estate tax
Florida has no state estate tax and no inheritance tax. Some new arrivals carry over worries from high-tax states and over-engineer their plans. Federal estate tax only affects very large estates. Focus your energy on probate avoidance and clear beneficiary designations, which help nearly everyone, rather than complex tax structures you may not need.
Mistake 6: Letting documents go stale
Moving to Florida, a divorce, a new grandchild, or buying a Boca Raton property all change your plan. Review your documents every few years and after any major life event. An outdated beneficiary form can override a perfectly drafted will.
Your working checklist
- Inventory assets and note how each transfers
- Confirm your homestead plan complies with Florida law
- Sign a durable power of attorney, health care surrogate, and living will
- Account for spousal elective share if remarried
- Consider a revocable trust to avoid probate
- Update beneficiary designations
- Name guardians for minor children
- Store documents where your family can find them
This checklist points you in the right direction, but Florida’s homestead and elective share rules in particular reward careful drafting. Speak with a licensed Florida estate planning attorney familiar with Boca Raton and Palm Beach County before you finalize anything.
For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles Article 81 guardianship in New York.
