Skeleton Key to Life, Part 1 - Get your House in Order

Part 1-Understanding What It Means to Get Your Affairs in Order

Preparing for the inevitable may sound daunting, but in reality, “getting your affairs in order” is less about death and more about living. It gives you clarity, security, and peace of mind. The law already has a plan for you if you fail to make one — but it might not be what you want.

Many people hesitate at the thought of death or think “getting your affairs in order” is only for the elderly or wealthy. In reality, everyone benefits from making plans for the unexpected.

Anyone the age of legal maturity (18), anyone with a family (spouse, children), anyone with a business, and anyone with real or personal property, should have an understanding what happens after Death, and how one affairs are handled.    

This post explores what “getting your affairs in order” really means, why it is necessary under law, who should be involved, and when to start.

 It Means organizing your legal, financial, medical, and personal affairs so your wishes are clear and your loved ones are not left scrambling in a crisis, fighting (as much) over supposed verbal promises, and can potentially reduce losses or costs, later.

This typically includes: (i) Legal Affairs: wills, trusts, powers of attorney, guardianship, and other estate planning or business planning documents; (ii) Financial Affairs: bank accounts, property deeds, retirement accounts, debts, and insurance; (iii) Medical Affairs: advance directives, healthcare surrogates, and HIPAA authorizations; and (iv) Personal & Digital Affairs: online accounts, family records, and instructions for sentimental items.

_{Common Misconceptions include “I’m too young to worry about this.” Accidents and illnesses don’t wait until retirement and can happen to anyone at anytime. Or “I don’t have enough money to need a plan.” Even modest estates need direction to avoid probate complications.}

Probate in Florida is an actual court proceeding (Florida Statutes Chapter 733) that can be time-consuming, costly, and public (to an extent). Either way, having a properly executed will or trust can save both money and stress.

Without a plan for Death, an estate is subject to Statutes.

In Florida, without a will, estates pass under Florida Statutes, Chapter 732 (Intestate Succession).Often this divides your property in ways never intended. Nationally, the Uniform Probate Code (UPC) provides a model framework forestate administration and has been adopted in eighteen (18) states, though many states have codified variations.

Without direction, minor children may get lost in the shuffle, creditors could attach and auction assets, disputes between family could arise, administration becomes costly, business may be disrupted, privacy lost, or assets could transfer to the State.

Why It Matters.

1. Peace of Mind--Having enforceable documents under State law ensures your wishes are honored. For example, in Florida, wills must be in writing, signed at the end, and witnessed by two people (F.S. § 732.502). Without compliance, the document is invalid and will be subject to intestate (without a will) administration.

2. Reduced Stress for Family. Without a healthcare surrogate designation, decisions about your medical care may fall to a court-appointed guardian (F.S. § 765.401). Families often end up in litigation when no clear direction or protection is provided.

3. Efficiency and Savings. Trusts established under the Florida Trust Code (F.S. Chapter 736) can allow property to bypass probate entirely. By contrast, intestacy guarantees probate court involvement, fees, potential creditor claims, and delays.

4. Legacy Beyond Property. Legal planning is also an opportunity to leave ethical wills, letters, or even oral histories. Though not binding in court, these can provide invaluable guidance to your family.

When to Start?

The safest answer is NOW. Life events that trigger immediate planning or updates include:

• Marriage or divorce (F.S. § 732.507(2) revokes provisions in favor of a former spouse)
• Birth or adoption of a child,
• Acquisition of property,
• Changes in health.

Periodic reviews (every 3–5 years) are recommended to ensure documents reflect current law and life circumstances.

Who Should Be Involved?

• Estate Planning Attorney – Drafts and ensures enforceability under State law.
• Financial Advisor / CPA – Coordinates tax and financial matters (see 26 U.S.C. §§ 2001, 2056 for federal estate tax and marital deduction rules).
• Healthcare Providers – Assist with understanding advance directive implications.
• Family or Trusted Friends – Those named as personal representatives, trustees, or guardians.

Checklist: Getting Started

1.     _{Inventory assets (bank accounts, property, retirement accounts), liabilities, and insurance.}
2.      _{Note debts and obligations.}
3.      _{Identify who you trust to make decisions for you (guardians, trustees, and healthcare surrogates)}
4.      _{Write down family contacts}
5.      _{Execute key documents: will, durable power of attorney (F.S. § 709.2105), and advance directives (F.S. Chapter 765).}
6.      _{Store originals in a secure, accessible location.}
7.      _{Communicate your plan to family.}
8.     _{Schedule a consultation with an estate planning attorney.}

 Conclusion

Getting your affairs in order is not just about preparing for death; it is about living with security and clarity. Florida law provides a “default plan” if you fail to act — but it is often a poor substitute for your own carefully considered choices. By taking control, you protect your family from confusion, conflict, and unnecessary court involvement. Preparing today allows you to live each day with peace, knowing your wishes will be honored tomorrow.

Knowing this is step one. What trips most people up is what comes next. READ THE REST OF THE SERIES BY CLICKING BELOW: 

• INTRODUCTION - Welcoming Death with the Skeleton Key to Life
• Part 2- Organizing Legal Documents, in Florida
• Part 3 - Financial Planning& Asset Management Protecting and Preserving Your Estate
• Part 4 - Health & Personal Care Directives. Protecting YOUR Voice.
• Part 5 - Digital Legacy & Personal Records in Florida: Protecting Your Online & Personal Story
• Part 6 - Communication & Maintenance
• Part 7 - Real Property in Estate Planning

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About the Author: Terra L. Sickler, Esq. is one of the founders of the law firm Twig, Trade, & Tribunal, PLLC, in Fort Lauderdale Florida. She practices Dirt (real estate law) and Death (estate planning and probate). She can also be found @the.Terra.attorney providing legal insights on real life & death issues that we will all face, one day.