As the holiday season draws to a close and the calendar turns toward a fresh start, most of us begin thinking about New Year’s resolutions. We might promise to spend more time at the gym, eat better, or finally clear out the garage. At Dan Stewart Law Firm, we believe there is one resolution that stands above the rest when it comes to the long term security of your family. Reviewing your estate plan as you head into the New Year is one of the most proactive steps you can take to protect your legacy and ensure your loved ones are cared for, no matter what the future holds.
For over forty years, we have served the people of Northwest Florida, from Pace and Milton to Pensacola and beyond. We have seen firsthand how much life can change in just twelve months. An estate plan that worked perfectly last January might be outdated by this January. Whether you have welcomed a new grandbaby, purchased property along Highway 90, or experienced the loss of a loved one, your legal documents must reflect your current reality. In Florida, where laws and property values are constantly shifting, a stagnant estate plan can lead to unnecessary stress, high probate costs, and family disputes.
We approach estate planning with a "Bulldog" mentality. This means we are aggressive in protecting your assets and meticulous in our drafting, but we always treat our clients like members of our own family. Our goal is to take the stress off your mess by ensuring your documents are airtight and ready for the year ahead.
The Reality of Life Changes in Northwest Florida
Life does not stand still, and neither should your legal strategy. When we sit down with our neighbors in Santa Rosa County, we often ask them to look back at the past year. Did you get married or divorced? Did you welcome a child or a grandchild into the family? Have you started a new business or retired from a long career?
In Florida, these milestones are more than just personal memories; they are legal triggers. For example, if you were recently married and have not updated your will, your spouse might not be fully protected under Florida’s elective share laws in the way you intended. Conversely, if you went through a divorce, you likely do not want your former spouse remaining as the primary beneficiary of your life insurance policy or your retirement accounts.
We also encourage our clients to consider the health and status of the people they have named in their documents. The person you chose to be your personal representative five years ago might no longer be the best fit. Perhaps they moved out of state, are experiencing their own health challenges, or you simply are not as close as you once were. The New Year is the perfect time to evaluate these roles and make sure the team you have in place is ready to act if they are ever called upon.
Evaluating Your Assets in a Shifting Market
Florida’s real estate market has seen significant fluctuations over the last few years. If you own a home in Pace or a vacation property on the coast, the value of your estate may have changed dramatically. These shifts in value can impact how your assets are distributed among your heirs.
If you have a plan that leaves specific dollar amounts to certain people, a change in the total value of your estate could inadvertently leave one person with a much larger or smaller percentage than you intended. We often recommend using percentages rather than fixed dollar amounts to account for market volatility.
Additionally, you may have acquired new assets over the past year. Did you open a new investment account? Did you purchase a vehicle or a boat? If these items are not properly accounted for or titled in the name of your trust, they may be forced through the Florida probate process. Our team works hard to ensure that your funding is complete, meaning your assets actually match what is written in your plan. We want to make sure nothing is left to chance and that your heirs do not have to spend months in court dealing with assets that were overlooked.
Keeping Up with Florida Statutory Updates
The law is not set in stone. And Florida legislature frequently updates statutes regarding probate, trusts, and power of attorney documents. An estate plan that was legally sound a decade ago might not take advantage of current protections or could even contain outdated language that makes administration more difficult.
For instance, Florida has specific and strict requirements for how wills and trusts must be signed and witnessed. If a document was prepared using an online template or by an out of state attorney who does not understand the nuances of Florida’s Homestead laws, your family could face significant hurdles. As a Florida estate planning lawyer, we take pride in staying at the forefront of these legal changes. We monitor the latest developments in Tallahassee to ensure that our clients in the Florida Panhandle are always protected by the most current legal strategies.
The Importance of Digital Asset Planning
In today’s world, an estate plan is not just about physical property and paper bank statements. We all have a digital footprint that includes everything from social media accounts and email to cryptocurrency and online banking. If you do not provide your personal representative with the legal authority to access these digital assets, they could be locked away forever.
As you head into the New Year, we recommend taking an inventory of your digital life. Florida has specific laws regarding the disclosure of digital assets, and your estate plan should explicitly grant permission to your fiduciaries to manage these accounts. This prevents a situation where your family is forced to fight with tech giants just to settle your affairs or preserve family photos.
Reviewing Your Healthcare Directives and Power of Attorney
Estate planning is not just about what happens after you pass away; it is also about protecting you while you are still here. This is where your Designation of Healthcare Surrogate and Durable Power of Attorney come into play. These documents ensure that if you are ever incapacitated due to an illness or accident, someone you trust has the legal authority to make medical and financial decisions on your behalf.
The start of a New Year is a sobering but necessary time to ask: "If I was in an accident on I-10 tomorrow, who would speak for me?"
If your healthcare surrogate has moved away or is no longer able to serve, you are leaving your medical care to the discretion of the courts or hospital administrators. We want to make sure your voice is heard even if you cannot speak for yourself. We help you craft clear, specific instructions regarding your medical preferences, from life prolonging procedures to daily care needs.
Similarly, a Durable Power of Attorney is a powerful tool that allows a trusted individual to manage your bills, taxes, and property. Because this document grants significant power, it should be reviewed regularly. We ensure your Power of Attorney meets all Florida requirements, including the superpowers or specific initialed authorities that are required for certain financial transactions in our state.
The Risks of the Do-It-Yourself Approach
We often meet people who tried to save a few dollars by using a DIY website to create their wills. While these services may seem convenient, they often lead to stress and a mess for the family later on. Florida law is unforgiving when it comes to technical errors. A single missing signature or an improperly worded clause can invalidate an entire document.
When you work with Dan Stewart Law Firm, you are not just getting a stack of papers. You are getting over four decades of experience and a team that has represented more than 20,000 clients. We know where the pitfalls are because we have spent forty years navigating them. We treat your legacy with the respect it deserves, ensuring that every "i" is dotted and every "t" is crossed. We are relentless advocates in the courtroom and compassionate guides in our office, dedicated to championing for the injured.
Our Community Commitment and the 4U Mobile
Our firm is deeply rooted in Northwest Florida. Dan Stewart has lived in this community for over sixty years, and his commitment to our neighbors goes far beyond legal paperwork. From founding the local chapter of Mothers Against Drunk Driving to serving in the Navy League, our firm is part of the fabric of this region.
We also understand that not everyone can easily make it into an office. If your health or mobility makes it difficult to travel, we bring the law to you. Our 4U Mobile is a fully equipped RV that allows us to meet you at your home or even in the hospital. We believe that everyone deserves high quality legal representation, regardless of their circumstances.
If you are starting the New Year with health challenges, do not let that stop you from securing your estate plan. We are ready to hit the road to help you.
A New Year Estate Planning Checklist
To help you get started, we suggest going through this brief checklist as you prepare for the coming year:
- First, locate your original documents: Are they in a safe, accessible place, and does your family know where they are?
- Second, review your beneficiaries: Are the names on your will, trust, and life insurance policies still correct?
- Third, check your fiduciaries: Are your personal representative, trustee, and power of attorney still the best people for the job?
- Fourth, consider your assets: Have you bought or sold property, started a business, or opened new accounts in the last year?
- Fifth, evaluate your healthcare wishes: Do your directives still reflect your personal values and medical preferences?
If the answer to any of these questions causes you hesitation, it is time for a professional review.
Taking the Stress Off Your Mess in the New Year
The peace of mind that comes from a completed, up to date estate plan is priceless. It allows you to move through the year with confidence, knowing that you have protected your spouse, your children, and the legacy you have worked so hard to build. At Dan Stewart Law Firm, we make the process as stress free as possible. We pride ourselves on clear communication, prompt responses, and a family oriented atmosphere that makes you feel welcome from the moment you call.
Do not let another year go by with an outdated or incomplete plan. Let us help you start the New Year with a clean slate and a secure future. Whether you need a simple will or a complex trust, we have the experience and the tenacity to get the job done right.
Contact Dan Stewart Law Firm Today for a Consultation About Your Case
If you are ready to review your estate plan or if you need to start one from scratch, our team is here to help. We offer personalized, compassionate service to families throughout Northwest Florida, including Santa Rosa, Escambia, Okaloosa, and Walton counties. We will listen to your goals, analyze your current situation, and build a strategy that protects everything you love.
Please call our office today at 850-972-8002 or visit us online to schedule your consultation. Whether you visit us at our Pace office or we come to you in the 4U Mobile, we are ready to stand by your side. Let us take the stress off your mess and give you the peace of mind you deserve for the New Year and beyond.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.