Romanello & Rodriguez Law, P.A. has helped countless families across South Florida - from Miami to West Palm Beach - navigate the crucial differences between wills and living wills. While both documents protect your future, they serve very different purposes in Florida's legal landscape.
The Critical Difference: When They Take Effect
A last will and testament only takes effect after death, while a living will (also called an advance directive) guides medical decisions if you become incapacitated during your lifetime. Both are essential components of a complete estate plan, especially with potential 2025 changes to federal estate laws.
Understanding Last Wills in Florida
Florida Statutes § 732.501 requires wills to meet specific formalities. A properly executed will allows you to:
- Distribute assets to chosen beneficiaries
- Name guardians for minor children
- Select a personal representative to administer your estate
- Specify funeral arrangements
Without a will, Florida's intestacy laws (Chapter 733) determine who inherits your property. This often leads to unintended consequences - a Delray Beach grandmother's estate might pass to distant relatives instead of her preferred charity, or a Fort Lauderdale business owner's assets could be tied up in probate for over a year.
Living Wills: Protecting Your Healthcare Choices
Under Florida Statute § 765.303, a living will allows you to:
- State your wishes regarding life-prolonging procedures
- Appoint a healthcare surrogate to make medical decisions
- Specify organ donation preferences
- Outline pain management and comfort care choices
Consider a Coral Gables snowbird who suffers a stroke while wintering in Florida. Without a living will, family members might disagree about treatment options, potentially leading to court intervention and delayed care.
Why South Florida Residents Need Both Documents
Romanello & Rodriguez Law, P.A. recommends all adults in Broward and Palm Beach counties maintain both documents because:
| Situation | Handled by Will | Handled by Living Will |
|---|---|---|
| Passing assets to heirs | ✓ | ✗ |
| End-of-life medical decisions | ✗ | ✓ |
| Guardianship for minors | ✓ | ✗ |
| Organ donation wishes | ✗ | ✓ |
Common Misconceptions
People mistakenly believe:
- "My spouse automatically gets everything." Florida law may distribute assets differently than you expect.
- "I'm too young for these documents." Accidents can happen at any age - the average trauma patient at Jackson Memorial is just 42.
- "My family knows what I want." Without legal documentation, hospitals must follow standard protocols.
How Romanello & Rodriguez Law Simplifies the Process
Our firm provides:
- Clear explanations of Florida-specific requirements
- Customized documents reflecting your unique situation
- Bilingual services for our diverse community
- Convenient Plantation office with virtual options
