Many people assume estate planning is only for those with significant assets or family responsibilities. Even if your only property is a car, having a valid last will and testament and basic advance directives in place provides real benefits for young adults in Florida.
A Will Makes Life Easier for Your Heirs—Even with Just a Car
Under Florida law, if you pass away and you own a vehicle, a properly drafted will can allow your heirs to transfer the car’s title without the need for probate. Florida Statutes Section 319.28(1)(b) specifically permits transfer if you have a will, even if it isn’t being probated, as long as the estate has no debts:
“If the previous owner died testate, the application [for a vehicle title] shall be accompanied by a certified copy of the will, if probated, and an affidavit that the estate is solvent with sufficient assets to pay all just claims or, if the will is not being probated, by a sworn copy of the will and an affidavit that the estate is not indebted.” [Fla. Stat. § 319.28(1)(b)]
That means just a simple will—and a short affidavit—can help your family avoid costly legal proceedings to transfer even a modest asset like your car.
Health Care Surrogates: Florida Law Doesn’t Automatically Empower Family
Florida law doesn’t automatically allow any family member or friend to make health care decisions on your behalf if you become incapacitated. Section 765.202, Florida Statutes, allows you to choose a trusted person as your health care surrogate. Without this, Florida Statute 765.401 creates a default order of people the hospital “may” contact; but it isn’t guaranteed this will be who you’d prefer, and costly court intervention may be needed if loved ones disagree:
“A written designation of a health care surrogate executed pursuant to this section establishes a rebuttable presumption of clear and convincing evidence of the principal’s designation of the surrogate.”
[Fla. Stat. § 765.202(7)]
Designating a health care surrogate—and executing a HIPAA release—ensures providers can communicate with the person you trust most, not just the next of kin or whoever the hospital chooses by default.
Power of Attorney and Living Will: Full Control Over Your Affairs
A durable power of attorney gives a person you trust the ability to handle financial and legal matters if you are unable. Executing this document while you are young and competent avoids later complications if you’re incapacitated unexpectedly.
A living will makes your wishes for end-of-life care clear. In Florida, this document must be in writing, signed, and witnessed by two adults (one not related to you). Without it, loved ones may face confusion or conflict—and medical staff may provide treatments you never wanted.
You Don’t Need Substantial Assets to Protect Yourself
Estate planning isn’t only about money—it’s about control, clarity, and peace of mind during emergencies. Whether it’s ensuring your car changes hands smoothly, specifying who can talk to your doctors, or giving decision-making power to someone you trust, these simple documents are tools for everyone.
If you’re ready to take these straightforward but crucial steps, contact Jack Ford Law, PLLC to discuss your will and advance directive options today.
