7 Costly Estate Planning Mistakes Brevard County Residents Make (And How to Avoid Them)

Estate planning is one of the most important steps you can take to protect your loved ones, yet many people in Brevard County make critical mistakes that could cost their families time, money, and unnecessary stress. As experienced attorneys at the Estate Planning and Elder Law Center of Brevard, we’ve seen how small oversights can lead to big legal and financial problems.

If you live in Brevard County, avoiding these common estate planning mistakes can help you secure your assets and provide peace of mind for your family.

1. Thinking a Will is Enough

Many people assume that having a simple will is all they need. However, a will alone does not avoid probate in Florida. In fact, relying solely on a will often means your estate must go through the Florida probate process, which can be costly, time-consuming, and emotionally draining for your loved ones.

How to Avoid This Mistake

Consider using a revocable living trust, which allows your assets to pass to your beneficiaries without probate. A trust gives you more control over how and when your assets are distributed while keeping your affairs private. A knowledgeable Brevard County estate planning lawyer can help you determine if a trust is right for you.

2. Failing to Update Your Estate Plan

Life changes, and so should your estate plan. If you’ve recently retired, remarried, divorced, had children or grandchildren, bought a home, or lost a loved one, your current estate plan may no longer reflect your wishes.

How to Avoid This Mistake

Review your estate plan at least every three years or whenever a major life event occurs. Working with a local estate planning lawyer in Brevard County ensures your documents remain legally sound and aligned with your intentions.

3. Not Properly Titling Assets

One of the biggest oversights we see is failing to properly title assets to work with an estate plan. Even if you have a trust, if your assets aren’t correctly titled, they won’t be protected—and could still end up in probate.

How to Avoid This Mistake

Work with your estate planning attorney in Brevard County to ensure that your home, bank accounts, and other major assets are titled properly. Assets intended to go into a trust must be retitled in the trust’s name to avoid probate.

4. Forgetting to Name or Update Beneficiaries

Many people don’t realize that certain assets, like retirement accounts and life insurance policies, pass outside of a will or trust based on the beneficiary designations on file. If those designations are outdated or missing, the wrong person could inherit—or your estate could face unnecessary legal hurdles.

How to Avoid This Mistake

Regularly review and update your beneficiary designations to make sure they align with your overall estate plan. This includes your 401(k), IRAs, pensions, life insurance policies, and payable-on-death (POD) accounts. An estate planning lawyer in Brevard County can help ensure these accounts work within your estate plan.

5. Not Planning for Incapacity

Estate planning isn’t just about what happens after you pass away—it’s also about protecting yourself if you become incapacitated due to an illness, injury, or cognitive decline. Many Brevard County residents do not have the proper documents in place, leaving their families to deal with court-appointed guardianship.

How to Avoid This Mistake

Make sure your estate plan includes:
✅ Durable Power of Attorney – Allows someone you trust to manage your finances and legal affairs if you become incapacitated.
✅ Health Care Surrogate Designation that is compliant with the Health Insurance Portability and Accountability Act (HIPAA )- Authorizes a trusted person to make medical decisions on your behalf while ensuring compliance with medical privacy laws.
✅ Living Will – Outlines your preferences for medical treatment in case you become unable to communicate your wishes.

An experienced estate planning attorney in Brevard County can help you draft these critical documents to ensure your family is protected.

6. Assuming All Online Estate Planning Services Work in Florida

Florida has unique estate planning laws, and not all online estate planning templates comply with state requirements. We’ve seen many cases where people thought they had a valid will or trust—only to find out later that it wasn’t legally enforceable in Florida.

How to Avoid This Mistake

Work with a local estate planning lawyer in Brevard County who understands Florida’s homestead laws, probate rules, and tax implications. A generic online template cannot provide the same level of legal protection.

7. Procrastinating Until It’s Too Late

One of the biggest mistakes people make is putting off estate planning altogether. Unfortunately, waiting until a crisis happens can leave your loved ones scrambling to manage your affairs without proper legal guidance.

How to Avoid This Mistake

Start your estate planning now, while you are in control. Taking action today ensures your wishes are carried out and your loved ones are protected. If you’re unsure where to start, an experienced Brevard County estate planning lawyer can guide you through the process.

Work with a Trusted Estate Planning Lawyer in Brevard County

Estate planning mistakes can lead to costly legal battles, unnecessary probate, and unintended consequences for your heirs. The best way to protect your family and your legacy is by working with an experienced estate planning lawyer in Brevard County.

At the Estate Planning and Elder Law Center of Brevard, we specialize in helping Brevard County families create solid, customized estate plans that provide peace of mind. If you’re ready to review or update your estate plan, contact us today for a consultation.