Top Estate Planning Trends Florida Families Should Watch in 2026
Planning ahead isn’t just for retirees anymore. If you’re raising little ones, guiding teens, or helping your adult kids launch, 2026 brings new reasons to review (or start!) your Florida estate plan. Here’s what families need to know:
1. Legal Documents for College-Aged Kids
Once your child turns 18, you’re no longer their legal decision-maker. In Florida, this means:
- You can’t access their medical records without a HIPAA authorization.
- You can’t make decisions in an emergency or help with finances without a Health Care Surrogate form and Power of Attorney.
Action Step: Have your 18+ child sign a Health Care Surrogate and Durable Power of Attorney before leaving for college or moving out.
2. Homestead Protections and Planning
Florida’s homestead laws provide powerful protections, but they can also cause confusion in estate planning. These laws affect who can inherit your home and how it passes.
Action Step: Work with an estate planning attorney to avoid unwanted restrictions or forced partition between heirs.
3. More Families Are Using Trusts
In 2026, we’re seeing a rise in families choosing Revocable Living Trusts over just a will. When a Trust is set up and funded correctly they can help:
Action Step: If you have young children or blended family dynamics, ask if a trust fits your goals.
4. Guardianship Designations Are Getting Smarter
In Florida, you can name a Pre-Need Guardian for your children if something happens to you. This prevents court delays and confusion.
Action Step: Double-check your guardian designations — especially if your chosen person has moved, aged, or your family structure has changed.
5. Digital Legacy Is Becoming Standard
From family photos to online banking, more families are planning for their digital lives. In Florida, it’s now common to include access instructions for:
- iCloud and Google Drives
- Social media accounts
- Password managers
Action Step: Add a digital asset memo to your estate plan and name a digital executor.
Your Family, Your Future
Estate planning isn’t about having millions. It’s about protecting your family for today and tomorrow. Whether you’re parenting toddlers or supporting aging parents, the right plan brings peace of mind.
Let’s Talk Strategy
If it’s been a while since your last review (or you’re starting from scratch), we can help. Book a consultation or join us at our next community event to learn more about family-focused estate planning in Florida with The Law Offices of Mark F. Moss, PLLC.
Disclaimer: Reading this blog post does not create an attorney-client relationship and is not legal or tax advice. This is for informational purposes only. It is best to speak with an attorney or tax professional about your specific situation, questions, assets, concerns, and needs.