The Strategic Impact of Estate Planning: Avoiding Probate and Preserving Intent
By Daniel Lomba | Fort Lauderdale, FL
Estate planning is a critical legal process that enables individuals to manage the disposition of their assets, designate medical decision-makers, and articulate end-of-life preferences. At Lomba, P.A., we emphasize estate planning not merely as a precautionary measure but as a strategic tool to avoid probate, preserve privacy, and ensure that one’s intentions are executed with precision.
Understanding Probate: A Process Best Avoided
Probate is the judicial procedure through which a decedent’s assets are distributed under court supervision. While intended to provide structure and oversight, probate often imposes significant burdens on surviving family members, including:
Delays in asset distribution due to court scheduling and statutory waiting periods. Often, surviving spouses can be unable to access the decedent’s assets left for their benefit for 6 -12 months.
Public exposure of financial and familial matters, as probate records are accessible to the public
Legal and administrative costs, which can erode estate value. The probate process can cost up to 20% of the estate’s total value.
Potential for conflict, especially in cases lacking clear documentation or involving contested claims
Avoiding probate is not merely a matter of convenience—it is a proactive legal strategy that protects both the total value of the estate available, the speed to access the assets, and the beneficiaries affected.
Core Components of a Probate-Avoidant Estate Plan
At Lomba, P.A., we structure estate plans around four foundational instruments, each serving a distinct legal function while collectively ensuring continuity, clarity, and control.
1. Revocable Living Trust
The revocable trust is the principal mechanism through which we facilitate asset distribution. Unlike a will, which must be validated through probate, a trust operates independently of the court system. Assets titled in the name of the trust are administered by a successor trustee according to the grantor’s instructions.
Key advantages include:
Immediate transfer of assets upon death
Detailed list of which assets are to be distributed to whom
Triggering events for distributions to beneficiaries
Preservation of privacy and confidentiality
Built-in incapacity planning
Flexibility to amend or revoke during the grantor’s lifetime
This instrument is particularly effective for clients with complex holdings, such as business interests, real property, or multi-generational wealth.
2. Pour-Over Will
While the trust governs asset distribution, a pour-over will serves as a legal safeguard. It directs that any assets inadvertently left outside the trust be transferred into it upon death.
Its functions include:
Naming a personal representative
Preventing intestate succession
Ensuring comprehensive coverage of the estate
Though subordinate to the trust, the pour-over will is essential for completeness and legal continuity.
3. Designation of Health Care Surrogate
This document authorizes a trusted individual to make medical decisions on behalf of the principal in the event of incapacity. It is governed by Florida Statutes § 765.202 and is vital for ensuring that medical care aligns with the principal’s values and preferences.
Benefits include:
Legal clarity during medical emergencies
Avoidance of guardianship proceedings
Empowerment of designated decision-makers
We guide clients in selecting surrogates who are both legally qualified and personally aligned with their healthcare philosophy.
4. Living Will
A living will articulates the principal’s preferences regarding life-sustaining treatment in terminal or end-stage conditions. It complements the health care surrogate designation and provides ethical and legal guidance to both families and medical providers.
Its purpose:
Reduces emotional burden on loved ones
Ensures adherence to the principal’s wishes
Mitigates ambiguity in critical care scenarios
Proper drafting and execution of this document are essential to its enforceability and effectiveness.
Conclusion: Estate Planning as a Legal Imperative
Estate planning is not merely a personal choice—it is a legal imperative for those who wish to preserve autonomy, protect beneficiaries, and avoid the inefficiencies of probate. At Lomba, P.A., we approach estate planning with precision, discretion, and a deep understanding of Florida law. Our goal is to craft instruments that reflect each client’s unique circumstances while ensuring legal robustness and practical clarity.
📞 To schedule a confidential consultation, contact Lomba, P.A. and begin the process of securing your legacy.