The families who come to us after a loss didn’t plan to end up in probate. Here’s what they wish they had known.
Every few months, we get a call that starts the same way.
“My mom passed away. I’m trying to figure out what to do with her house.” Or her bank accounts. Or the investment account her financial advisor mentioned. The details vary. The feeling on the other end of the line doesn’t.
At Lighthouse Legal Group, we practice estate planning and elder law in the Orlando area, and some of the most important conversations we have aren’t with people who are planning ahead — they’re with adult children who are trying to piece things together after a parent is gone. Those conversations have taught us more about why estate planning matters than any textbook ever could.
Here is some of what we’ve learned.
When there’s no will, the state decides
Florida law has a default plan for people who die without a will. It’s called intestate succession, and it follows a set formula regardless of what your family situation actually looks like. If you have a spouse and adult children from a prior relationship, the law divides your estate between them in a way you might not have chosen. If you have a child with a disability, the law doesn’t account for the fact that an outright inheritance could disqualify them from government benefits they depend on.
We’ve seen families navigating these situations while also navigating grief. It’s a lot to carry at once.
Probate takes longer than people expect
Florida’s formal probate process runs through the court system. For a straightforward estate, it commonly takes six months to a year. For anything complicated — a dispute among beneficiaries, an asset that’s hard to value, a creditor claim — it takes longer. During that time, assets are generally frozen. The house can’t be sold. Accounts can’t be distributed. Family members who might need access to funds have to wait.
Most people have no idea this is how it works until they’re in it.
Probate is public
This surprises people. When an estate goes through probate in Florida, the will becomes a public court record. So does the inventory of assets. Anyone can look it up. For families who value their privacy — and most do — this is uncomfortable to learn after the fact.
A trust changes almost everything
The families we work with who had a revocable living trust in place move through this process entirely differently. The trust doesn’t go through probate. It isn’t subject to court supervision or creditor notice periods in the same way. It transfers privately, on the timeline the trustee and family choose, not the court’s.
That doesn’t mean a trust is right for everyone. But for most of our clients — homeowners, people with financial accounts, parents with adult children, blended families — it’s the planning tool that most closely matches what they actually want.
What we wish more people knew
Estate planning isn’t about being morbid or pessimistic. It’s about making sure the people you love aren’t left managing a legal process in the middle of their worst days. The families we work with who had a plan in place — even a simple one — move through loss with more clarity and less chaos. That matters.
If your estate plan is outdated, incomplete, or nonexistent, we’d encourage you to change that. Not urgently. Not dramatically. Just thoughtfully, when you’re ready.
Our office is here when that time comes.
Lighthouse Legal Group is an estate planning and elder law firm in Orlando, Florida. We can be reached at (407) 494-6701 or through lighthouselegalfirm.com.