Understanding Living Wills: A Key Component of Estate Planning in Florida
December 4, 2025
Understanding Living Wills: A Key Component of Estate Planning in Florida
Planning for the future often involves making difficult but essential decisions about your health care and end-of-life wishes. While these conversations can feel uncomfortable, having them now ensures that your voice is heard when it matters most.
At The Law Office of Anne Sunne Freeman in Palm Harbor, Florida, we help individuals and families create Living Wills that reflect their deeply personal values and beliefs. With more than 13 years of experience in estate planning, Attorney Anne Sunne Freeman provides supportive legal guidance to help you document your wishes clearly and confidently.
What Is a Living Will?
A Living Will is a legal document that outlines your preferences for medical care if you become incapacitated and unable to communicate. It allows you to state your wishes regarding life-sustaining treatments, such as resuscitation, feeding tubes, ventilators, and other medical procedures.
Unlike a traditional Will, which deals with distributing property after death, a Living Will focuses on health care choices during life. This ensures your medical team and loved ones understand your decisions — removing uncertainty and potential conflict during difficult times.
By creating a Living Will, you:
- Maintain control over your medical treatment
- Provide clarity to family members and physicians
- Reduce stress for loved ones making emotional decisions
- Ensure your wishes are legally respected under Florida law
Why a Living Will Is Essential in Florida
Florida law allows every individual to decide what kind of medical treatment they wish to receive if they become incapacitated. However, without a valid Living Will, those decisions often fall to family members who may be uncertain or in disagreement.
At The Law Office of Anne Sunne Freeman, we believe that creating a Living Will is an act of care — for both yourself and your loved ones. It ensures that your personal values guide your medical care, not hospital protocols or external opinions.
A properly drafted Living Will also helps prevent confusion about your wishes and reduces the possibility of disputes among family members or healthcare providers.
The Importance of a Tailored Living Will
No two individuals share the same beliefs about medical care, which is why your Living Will should be customized to your needs and values.
When you work with Attorney Anne Sunne Freeman, your Living Will is tailored to reflect:
- Your preferences for life-prolonging or comfort-based treatment
- Religious or moral beliefs about end-of-life care
- Specific medical procedures you wish to accept or decline
- Instructions for organ donation or palliative care
This individualized approach eliminates uncertainty and ensures your wishes are communicated with clarity and compassion.
Involving Your Family in the Process
Creating a Living Will is not just a legal step — it’s a conversation. Openly discussing your wishes with your family ensures they understand your decisions and the reasons behind them.
At The Law Office of Anne Sunne Freeman, we encourage clients to include loved ones in this process. These discussions foster understanding, reduce stress, and help your family feel confident they are honoring your choices.
By taking this proactive step, you give your loved ones peace of mind, knowing they are acting in accordance with your expressed wishes.
How The Law Office of Anne Sunne Freeman Can Help
Our Palm Harbor firm provides comprehensive estate planning services designed to protect you and your loved ones, including:
- Living Wills and Advance Directives
- Health Care Surrogacy Designations
- Durable Powers of Attorney
- Wills, Trusts, and Probate Planning
Attorney Anne Sunne Freeman combines legal skill with compassion, helping Florida residents build strong, personalized estate plans that offer security and peace of mind.
Take Control of Your Future Today
Preparing a Living Will is one of the most meaningful steps you can take for yourself and your family. With thoughtful planning and professional guidance, you can ensure your healthcare choices are honored — no matter what the future brings.
Learn how to choose the right person for your power of attorney in Florida. The Law Office of Anne Sunne Freeman in Palm Harbor helps you plan with confidence. Call 727-461-3100 today.
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A person who is creating an estate plan or will is a testator. Testators largely have control over the terms of their wills and other documents. Although the law does limit testator actions in some ways, such as giving spouses protection from disinheritance, the testator can potentially set whatever terms they’d like in a will and other estate planning documents. The will someone leaves behind when they die largely determines what happens during estate administration. Their family members may have to assume a position of authority based on the wishes a testator included in a will. What they inherit also depends on the documents the testator drafts. Sometimes, families feel uncertain about the validity of the documents. There may be concerns about undue influence or a testator’s declining cognitive abilities in their last years of life. Families sometimes contest wills in probate court as a means of upholding someone’s true wishes. If there is a penalty clause in a Florida will, could litigation endanger someone’s inheritance? Florida does not enforce penalty clauses A penalty clause is a special inclusion in a will that eliminates the inheritance of someone who brings unnecessary litigation against the estate plan. Most states enforce penalty or no-contest clauses in some circumstances. If someone files a lawsuit challenging the documents a testator makes, the courts may eventually strip them of their inheritance rights because of that clause. Florida is unique in that state statutes outright prohibit the enforcement of penalty clauses. People can go to court out of concern for the terms included in estate planning documents without any risk of losing their inheritances. That risk is a powerful deterrent against misconduct and unnecessary litigation. The inclusion of a no-contest clause does not invalidate a will. However, the courts do not enforce such clauses by stripping someone of their inheritance if they initiate probate litigation. Penalty clauses serve only as a deterrent in Florida because of the unique probate statutes in the Sunshine State. That being said, probate litigation can diminish the value of an estate and could potentially reduce what someone eventually inherits. Pursuing a will contest in probate court requires careful planning and evaluating whether there are viable grounds for litigation. Those with an interest in an estate may need help reviewing relevant documents to determine the best options available to them.
When someone dies in Florida, family members often begin looking for evidence that the deceased created an estate plan. The decedent could have left specific guidelines for the distribution of their property. Wills and other documents can provide clear instructions about someone’s personal property after their death. Most families are grateful for the time that individuals commit to creating an estate plan. Having documents on record reduces conflict among family members and those who expect to be beneficiaries of the estate. People can feel confident that the inheritance they receive is something that the testator wanted to pass to them. In some scenarios, Florida state law determines what happens with an individual’s property. Intestate succession laws sometimes dictate the distribution of an individual’s assets after their death. Florida’s intestate succession laws heavily favored close family members, including spouses, children and parents. When do intestate succession laws apply to an estate? When someone dies without a will Some researchers estimate that approximately two-thirds of adults in the United States do not have estate plans. They lack even a simple will. If they die without any documents in place, intestate succession laws help ensure that their close, dependent family members receive the resources from their estate. Spouses and children are often the primary or sole beneficiaries of intestate estates. Intestate succession laws can also help families who believe will likely exist but are unable to locate it in the home of the decedent or similar locations where people are likely to store important documents. When the family contests the plan In some scenarios, disputes about the estate plan could be what leads to intestate succession in Florida. If family members or beneficiaries contest a will based on concerns about undue influence, incapacity or incredibly outdated documents, the courts may sometimes set a will or other estate planning documents aside. If there is not an older version of those documents to refer to, then the courts may treat the estate as though someone died without an estate plan at all. Understanding when intestate succession rules apply may benefit those with an interest in the administration of a Florida estate. Intestate succession can often be a complex process, and families that know the law can handle intestate estate proceedings appropriately.
You might be one of many Florida residents who own one or several companies. Perhaps you took the reins of a family establishment that has been operating for decades. On the other hand, maybe you are an entrepreneur who had a dream and made it a reality. Either way, it’s never too soon to think about the future. Now is the time (if you haven’t already done so) to implement a business succession plan as part of the estate planning process. There are key factors to keep in mind to ensure a solid business succession plan. One of the benefits of the estate planning process is that you can customize a plan to fit your unique needs and goals. While it’s possible to create your own plan, it’s always best (especially for business owners) to seek guidance from an experienced resource. This helps you avoid legal problems and ensure execution of the plans for your business when the time comes to administer your estate. What type of business succession do you have in mind? One of the first decisions to make regarding business succession is what type of plan you have in mind. Do you want your business to stay in the family? If so, do you have adult children or other relatives in mind who are willing to carry the torch? Another option is to incorporate a buy/sell clause as part of your estate plan. If you want to sell your business when you die, it’s important to stay updated with valuations, so that the current fair market value of the business is on record. There doesn’t have to be a limit on your buy/sell plan to occur solely upon your death. You can also include instructions for such a plan to take effect if you become incapacitated or officially retire. Discuss your estate planning ideas with your family You’d be surprised how many people make the mistake of implementing a business succession plan as part of an estate plan without discussing it with family members designated to play key roles in the future of the business. Transferring business ownership and operations is not something to do “as a surprise.” You’ll want to discuss your plans with all family members to whom the plans are relevant. Make sure that those for whom you wish to set aside specific roles are willing to accept the responsibility. Avoid making assumptions. For example, you might have an adult child in mind as future owner of your company, but he or she might not want to accept the role. The same goes for non-family members who you might have in mind as part of your business succession plan. It’s also wise to have an experienced legal representative periodically review your estate plan to make changes or updates as needed.
Whether you’ve been married for decades and have several grown children plus grandchildren or you’re on the younger side of 30 and single, you might want to sign a last will and testament. It’s a myth to think that this topic is only relevant to elderly or wealthy people. The estate planning process, and particularly the signing of a will, is beneficial to any Florida resident who has reached the age of majority (18) or has gone through emancipation as a minor. It’s one thing, however, to decide to execute a last will and testament and quite another to know how to do so in accordance with Florida’s estate planning laws. If you create a will that does not align with such laws, a probate court judge will likely rule that it is invalid when the time comes to administer your estate. Therefore, it’s important to research state laws regarding wills, especially to learn what types of wills this state does not recognize. Florida estate planning laws prohibit nuncupative wills Nuncupative is a word that derives from the Latin word “nuncupare,” which means “to name.” In relation to estate planning , a nuncupative will is a last will and testament that a testator (person creating the will) issues verbally, rather than in writing. In the past, and in other states, people have often created nuncupative wills on the battlefield or in the last hours (or moments) of life after a car accident or other catastrophic event. It is essentially a verbal will. If your goal is to execute a last will and testament in Florida, be aware that this state does not recognize nuncupative wills. Many people consider this an incentive to create a written will early on in life, in case something unexpected happens that places their life at risk. Without a valid will in place, your estate would become “intestate,” which means a probate court judge would determine how to distribute your assets, which may or may not align with what your personal preferences might have been. A last will and testament cannot be holographic in this state Another issue that creates invalidation of a last will and testament in Florida is a holographic will. This is confusing to some people because a holographic will is a written will, and state law demands that one submit a will in writing to be valid. However, a holographic will is a will written in a testator’s own handwriting, so you might wonder why Florida estate planning laws prohibit this type of will. The reason is that holographic wills, although they are written, are not signed by any witnesses. In this state, a will is invalid if at least two credible witnesses do not sign it (in the presence of the testator). These witnesses must also witness each other signing the will. In short, a holographic will meets one requirement for validity (that one has written a will) but does not meet the requirement stating that two or more people must witness the testator signing the will and must sign the will themselves. To avoid confusion or legal obstacles down the line, it’s always best to seek experienced estate planning guidance before executing a will.
Florida is a primary location with diverse communities spread throughout the state. You might be one of its many retirees or part of a young couple who is just starting out in their married life. Maybe you’re an entrepreneur or a member of one of many immigrant cultures who have settled here. In any case, if you’re 18 or older, you can execute the estate planning process, and should, if you want to protect your assets, as well as ensure the carrying out of your wishes if you become incapacitated. Most people are familiar with basic estate planning documents, such as a last will and testament or a revocable trust. There’s a lesser-known document available to Florida estate owners known as an “Enhanced Life Estate Deed,” also called a “Lady Bird Deed.” This document has a specific purpose, which is to transfer ownership of real estate without it passing through probate. The document takes effect when the benefactor dies. Isn’t this estate planning document a Transfer on Death Deed by another name? Another estate planning document, known as a Transfer on Death Deed (TODD), is like an Enhanced Life Estate Deed in several ways. In Florida, however, estate laws prohibit the transfer of real estate through a TODD. If you want to leave your house or land that you own to someone when you die, you can use a Lady Bird Deed but not a TODD. When you sign a Lady Bird Deed, you retain ownership of the real estate in question during your lifetime. You can sell it, rent it, renovate it, etc., without the consent of the beneficiary you have listed in the deed. Upon your death, ownership automatically transfers to the beneficiary. Changing a Lady Bird Deed With a last will and testament or a revocable trust, you can make changes to the document at any time. With a Lady Bird Deed , if you want to add a beneficiary or remove one, etc., you must execute an entirely new document and sign it in accordance with Florida estate laws. Such documents often spark family discord, especially if someone expects to find their name listed as beneficiary, only to discover that it’s not there. A family member can challenge the validity of a Lady Bird Deed. The estate planning process is highly customizable. If you’re planning your estate in Florida, you can choose which documents to include and which to omit. The documents that fit your needs and goals may be different than another estate owner’s plan. If you’re unsure whether a Lady Bird Deed is the way to go, you can ask someone who is well-versed in Florida estate laws to review your plan.