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Where Tradition Meets the Future®

Why Proactive Estate Planning Matters

Richard Mancini Interview
Florida Probate Attorney Richard Mancini joined Alicia Farman of Edison Business Advisors recently for her virtual program, “Financial Fridays For Women Who Want to Protect Their Legacy.” Together, they discussed why planning ahead is one of the greatest gifts you can give your loved ones.

When a loved one passes unexpectedly, families are left navigating more than grief. They must also face immediate financial and legal realities from paying funeral costs to accessing bank accounts and deciding what to do with a home. These challenges can be overwhelming, especially if key planning steps weren’t taken in advance.

Richard Mancini, co-chair of Henderson Franklin’s Estate Planning, Probate & Trust Department, shared insights on preparing for life’s uncertainties during a conversation with financial professionals and small business owners. His guidance reminds us that effective estate planning protects those you love by reducing stress and uncertainty when the unexpected happens.

The Financial “Gap” After a Death

Many families assume that assets of the estate will be available right away to cover expenses. In reality, there is often a delay. Richard shares,

“When someone passes away, you file the will and begin the probate process, but it can take weeks before the court issues the authority you need to access accounts. During that time, bills still come due — mortgage payments, funeral costs, utilities. The family often has to pay out of pocket before reimbursement or insurance funds arrive.”

This gap is why having a plan that includes accessible funds or clear instructions for immediate expenses can ease a tremendous burden.

Life Insurance: A Cornerstone of a Solid Plan

Younger families sometimes overlook life insurance, assuming it isn’t necessary yet. Richard cautions against that mindset,

“It’s hard to tell people in their 30s that a good life insurance policy (or similar product that pays on death) should be part of the plan — but that’s when it’s affordable and can make the biggest impact later.”

He notes that a mix of term and whole life policies can make sense depending on personal circumstances, long-term goals, and budget. The right coverage ensures loved ones aren’t left scrambling financially in an already difficult time. This is an important component that should be discussed with your financial planner and estate planning attorney.

Inheriting a Home — What to Know

Another frequent area of confusion is what happens when a parent’s home passes to children. If the property was the parent’s homestead, the tax situation changes the moment ownership transfers.

“You lose the homestead exemption and the Save Our Homes cap once the house is no longer a primary residence. That can cause the property taxes to increase significantly. Families then have to decide whether to keep the home, sell it, or even consider moving into it.”

From a capital gains standpoint, however, beneficiaries generally receive a “step-up” in basis to the property’s value on the date of death, reducing the likelihood of immediate capital gains taxes if the home is sold shortly thereafter.

Planning is a Gift to Your Family

While no one wants to dwell on worst-case scenarios, Richard sees firsthand how much planning can spare families from added stress,

“Dealing with loss is hard enough. If you can leave your family clear instructions, the right legal documents, and resources to cover initial expenses, you make an incredibly challenging time a little easier.”

Bottom Line

Thoughtful estate planning, including an up-to-date will, a strategy for immediate expenses, and life insurance coverage, can help loved ones focus on healing instead of financial strain. If you’re unsure whether your plan provides this protection, the Probate & Trust, Estate Planning team at Henderson Franklin can help you review your options and prepare for the unexpected. Richard may be reached at richard.mancini@henlaw.com.

To connect with Alicia for future events, she may be reached at alicia@edisonba.com.

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