The Risks of Hiring a Non-Estate-Planning Attorney for Your Estate Plan

Creating an estate plan is a critical step to protect your assets and ensure your wishes are legally recognized. However, entrusting this task to an attorney who doesn’t focus on estate planning can leave important details overlooked. Even well-meaning attorneys in other practice areas may not have the depth of knowledge needed to navigate the complexities of estate law in Florida.

Why Experience in Estate Planning Matters

Estate planning involves more than drafting documents. It requires an understanding of issues such as legal capacity, asset transfers, probate avoidance, tax implications, and Florida-specific homestead and property laws. Attorneys outside this focus may unintentionally miss important provisions or fail to anticipate how your plan will function in real-life scenarios—especially during probate or trust administration.

How to Vet an Attorney’s Estate Planning Experience

Before hiring an attorney, it’s worth asking:

• What percentage of your practice is focused on estate planning? Look for a meaningful portion, not an occasional case.
• How many estate plans have you drafted and how many have you administered? Real-world administration experience is key to understanding how plans actually work.
• Have you handled cases involving complex family dynamics or unusual assets? This shows they can adapt documents to your unique situation.
• How do you ensure your clients’ plans remain current with changes in law or life circumstances? Ongoing attention is vital.

Why These Questions Matter

An estate plan that’s incomplete or poorly designed can lead to confusion, delays, unnecessary expenses, and even disputes among family members. A seasoned estate planning attorney is more likely to foresee potential pitfalls and structure your plan to avoid them. By asking the right questions, you can feel confident that your attorney has the focus and experience to protect your wishes.

Conclusion

Estate planning is too important to leave to chance—or to someone without significant experience in the field. Choosing an attorney who concentrates on estate planning and has a track record of guiding plans from creation through administration will give you peace of mind. If you have questions about your current estate plan or need guidance on creating one, contact Bart Scovill, PLC to ensure your legacy is in capable hands.