You should review your Florida estate plan after every major life event and, even without one, at least every three to five years. A review means re-reading your will, trust, durable power of attorney, health care surrogate designation, and beneficiary forms to confirm they still name the right people, reflect current Florida law, and match the assets you actually own today. An estate plan is not a one-time document you sign and file away; it is a set of instructions that has to keep pace with your life, your family, and the statutes that govern it.
If you are an adult child stepping in to help an aging parent, this is one of the most useful conversations you can have before a crisis forces it. A plan drafted in 2009, when the kids were minors and the federal estate tax exemption was a fraction of what it is now, may be quietly broken in ways nobody notices until probate court. Below is how I, as a Florida estate planning attorney, think about timing a review and what specifically to look for.
What “reviewing your estate plan” actually means
People hear “review” and picture a quick glance at the will. In practice, a real review covers the whole package, because the pieces fail independently. A perfectly valid will does nothing if a parent becomes incapacitated and there is no workable power of attorney. A pristine trust accomplishes little if the house was never deeded into it.
A thorough Florida estate plan review touches:
- The last will and testament — does it still name the intended personal representative and beneficiaries, and is it executed correctly under Florida law?
- Any revocable living trust — and just as important, whether assets were actually retitled into it (the step everyone skips).
- The durable power of attorney — Florida tightened its rules in 2011, and a pre-2011 document may not be honored by banks the way a parent expects.
- The designation of health care surrogate and living will — the documents that speak when a parent cannot.
- Beneficiary designations on life insurance, IRAs, 401(k)s, and annuities — which override the will entirely.
- Property titling, including homestead and any joint or “pay on death” arrangements.
When even one of these is out of date, the others often cannot fix it. That is why a review looks at the system, not a single page.
Life events that should trigger an estate plan review
The strongest reason to revisit a plan is not the calendar — it is a change in circumstances. Some of these are obvious; several catch families off guard.
Marriage, divorce, or the death of a spouse
Florida law builds in a partial safety net here, but it is a trap to rely on it. Under Florida Statutes section 732.507, when a marriage is judicially dissolved, any provision of the will that affects the former spouse becomes void, and the will is read as though that ex-spouse had died at the time of the divorce. Helpful — but it does not touch beneficiary designations on life insurance or retirement accounts, which is exactly where an ex-spouse often remains named for years. Marriage cuts the other direction: a new spouse acquires significant rights, including the elective share. Under Florida Statutes section 732.2065, a surviving spouse may claim 30 percent of the elective estate regardless of what an older will says.
A death, birth, or change in the family
If a named personal representative, trustee, or guardian has died, moved out of state, or simply grown unsuitable, the plan needs a fresh name. New grandchildren may warrant new provisions. And when an heir develops a disability, leaving them an outright inheritance can disqualify them from needs-based benefits — a situation that calls for a special needs trust rather than a simple bequest.
A move to or from Florida
This is the one out-of-state families underestimate most. A will signed in another state is generally valid in Florida if it was valid where executed, but Florida has its own quirks. Our state does not recognize an out-of-state personal representative who is neither a relative nor a Florida resident, so a New Jersey will naming a New Jersey executor can stall in a Florida probate. Homestead protections, witnessing formalities, and self-proving affidavit requirements all differ. When a parent retires to South Florida, the plan should be re-examined under Florida rules.
A major change in assets
Selling a business, buying a second property, receiving an inheritance, or watching a retirement account grow can all unbalance a plan that divided assets carefully years ago. A will that leaves “the house to one child and the brokerage account to the other” assumes those values stay roughly equal. They rarely do.
A health decline or diagnosis
This is the trigger adult children feel most acutely. Once a parent shows signs of cognitive decline, the window to sign or update documents narrows, because Florida requires testamentary capacity at the time of signing. Reviewing the durable power of attorney and health care surrogate before a crisis is far easier than petitioning a court for guardianship after one.
The three-to-five year rule when nothing has changed
Even in a quiet decade with no weddings, funerals, or moves, plans go stale. Laws shift. Institutions change how they treat documents. The advisors named may retire. A good default is a full review every three to five years, and sooner for anyone over 70 or managing a complex estate.
Two legal shifts illustrate why the calendar still matters. First, Florida overhauled its durable power of attorney statute in 2011. Powers must now be specifically enumerated and “springing” powers that activate only on incapacity are no longer permitted for documents signed after that date. Many banks scrutinize older powers and may balk at honoring them. Second, the federal estate tax exemption has moved dramatically. As of 2026 the federal exclusion sits around $15 million per person, and unused exemption is portable to a surviving spouse — but only if the survivor’s estate timely files IRS Form 706 to elect portability. Florida itself imposes no state estate tax, which is good news, yet a plan drafted under a $1 million or $3.5 million exemption may contain complex tax-driven trusts that are now unnecessary and even counterproductive.
Reviewing on a schedule lets you simplify what is no longer needed and modernize what the law has outgrown.
What adult children should look for first
If you are reviewing a parent’s plan, you do not need to be a lawyer to spot the warning signs that a professional review is overdue. Walk through this short list together:
- Is there a durable power of attorney, and is it post-2011? Without a workable one, a single incapacitating event can force the family into guardianship court.
- Who is named as health care surrogate, and does that person know it and agree to serve?
- Do the beneficiary designations match the will? Pull the actual forms from the insurer and the retirement custodian. An ex-spouse or deceased sibling named here will receive the money regardless of the will.
- If there is a trust, was it funded? Check the deed and account titles. An unfunded trust is an empty box.
- Is the homestead handled correctly? Florida’s constitutional homestead rules restrict how a primary residence can be left, especially when a spouse or minor child survives.
Any “no” or “I’m not sure” on that list is reason enough to sit down with a Florida attorney. You can read more about how wills function in our state on our Florida wills overview, and what happens when a plan fails on our Florida probate page.
Special situations that demand a closer look
Some plans need attention beyond the routine checklist. If a parent owns a home and worries about leaving it to children while preserving the ability to live there, structures such as a retained life estate deserve careful, state-specific drafting; Morgan Legal’s discussion of home transfers and retained life estates walks through how that mechanism works. Families concerned about long-term care costs and Medicaid eligibility, particularly where a beneficiary receives disability benefits, should understand income-protection tools like a pooled income trust before a crisis forces hurried decisions. The exact rules vary by state, so Florida residents should confirm how each concept applies here — but the underlying planning logic translates well.
Blended families, out-of-state real estate, closely held businesses, and beneficiaries with creditor problems or addiction issues all justify a deeper review than the standard cycle. So does any plan that still leans heavily on estate-tax avoidance trusts drafted when the exemption was a fraction of today’s.
Make the review a routine, not an emergency
The families who fare best treat estate planning the way they treat a medical checkup: scheduled, unhurried, and done while everyone is well enough to participate. For adult children, raising the subject is the hard part; the legal work, once started, is straightforward. Gather the documents, run through the checklist above, and bring anything uncertain to a Florida estate planning attorney who can confirm whether the plan still does what your parent intended.
Our team handles these reviews for South Florida families regularly, and you can learn more about our process on our Florida estate planning page or simply reach out to us to start the conversation. A plan reviewed today is far cheaper, kinder, and more certain than one corrected in probate tomorrow.
Frequently Asked Questions
How often should I review my Florida estate plan?
Review it after any major life event (marriage, divorce, a death, a move to Florida, a significant change in assets, or a health decline) and, even when nothing changes, at least every three to five years. Anyone over 70 or with a complex estate should review more frequently, because both family circumstances and Florida law shift over time.
Does a Florida divorce automatically remove my ex-spouse from my will?
Partly. Under Florida Statutes section 732.507, when a marriage is judicially dissolved, provisions in your will that benefit the former spouse become void and the will is read as if that ex-spouse died at the time of the divorce. However, this does not change beneficiary designations on life insurance, IRAs, or 401(k)s, so you must update those forms separately.
Is my out-of-state will valid after I move to Florida?
Generally a will valid where it was signed is recognized in Florida, but problems still arise. Florida will not accept a personal representative who is neither a relative nor a Florida resident, and homestead rules, witnessing formalities, and self-proving affidavit requirements differ. After relocating to Florida, have an attorney review the plan under Florida law.
Do I need to worry about estate taxes in Florida?
Florida imposes no state estate tax. At the federal level, the exemption is roughly $15 million per person as of 2026 and is portable to a surviving spouse only if the survivor’s estate timely files IRS Form 706. Older plans drafted under far lower exemptions may contain tax-driven trusts that are now unnecessary, which is itself a reason to review.
What is the most important document for an aging parent to keep current?
The durable power of attorney is often the most critical. Without a valid, post-2011 Florida durable power of attorney, a single incapacitating event can force the family into a costly guardianship proceeding. Pair it with an up-to-date designation of health care surrogate so someone can make medical decisions if your parent cannot.
For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles special needs planning in New York.