If You Don’t Plan, You’re Stupid™

Updating Your Estate Plan After Major Life Changes

Mon, 30 Mar 2026 12:01:35 -0300

Episode Summary:
In this episode of If You Don't Plan, You're Stupid, Florida estate planning attorney Andy Rosenberg sheds light on the complexities of handling debts after a loved one's passing. From distinguishing secured and unsecured debts to the importance of not rushing payments, Andy offers crucial advice on navigating the aftermath of a death in Florida.

Key Timestamps:
00:00 – Introduction
01:30 – Advice on handling debts after a loved one's death
04:15 – The impact of automated payments on post-mortem debts
07:20 – Introducing the Legacy Portal for efficient asset management
10:45 – Understanding secured and unsecured debts in estate settlement
14:00 – The protection of homestead property in debt settlement
16:30 – Co-signing debts and personal liability after a death
19:10 – Medical debts and their implications for surviving family members
22:05 – Probate court process and creditor notifications
25:40 – Prioritizing debt repayment in Florida estate settlements
28:15 – The role of proper estate planning in mitigating creditor impacts
30:00 – Resource recommendation: "If You Don't Plan, You're Stupid" book on Amazon

About the Show:
If You Don't Plan, You're Stupid is a podcast hosted by Florida estate planning attorney Andy Rosenberg, aimed at empowering families to protect their assets and make informed decisions in estate planning matters.

The Truth About DIY Estate Planning Forms in Florida

Mon, 16 Mar 2026 16:08:29 -0300

Episode Summary:
In this episode, Florida State Planning Attorney delves into the pitfalls of using DIY online estate planning forms in Florida. While these templates offer a quick and cheap solution, they can lead to invalid and costly outcomes. The attorney highlights why customization and professional expertise are crucial for a robust estate plan.

Key Timestamps:
00:00 – Introduction
01:30 – Reasons for Using DIY Templates
03:45 – Importance of Proper Execution in Florida
05:20 – Challenges with Homestead Property in Wills
07:10 – Risks of Ambiguous Language in DIY Documents
08:45 – Impact of Incorrect Beneficiary Designations
10:15 – Why Customization is Essential in Estate Planning
12:00 – Real-Life Example of DIY Estate Plan Backfiring
14:30 – Consequences of Handling Estate Planning Alone
16:00 – Benefits of Seeking Professional Assistance
18:10 – Importance of Regularly Updating Your Estate Plan
20:00 – Closing Remarks and Call to Action

About the Show:
*If you don't plan, you're stupid.* is a podcast dedicated to educating individuals on the complexities of estate planning, emphasizing the need for tailored solutions and expert guidance. Hosted by a seasoned attorney, the show offers valuable insights for anyone seeking to safeguard their assets and legacy effectively.

Business Owners & Estate Planning: What Happens to Your Company If You’re Gone?

Mon, 02 Mar 2026 11:05:13 -0400

Episode Summary:

In this episode, Florida Estate Planning Attorney Andrew Rosenberg discusses the importance of estate planning for small business owners. He explains the implications of not having a plan in place and how it can lead to complications, delays, and even business closure. Learn how estate planning can ensure the smooth continuation of a business and avoid probate issues.

Key Timestamps:

00:00 – Introduction

01:30 – Types of Business Ownership (Sole Proprietorship, Corporations, Partnerships, LLCs)

04:15 – Consequences of Dying Without an Estate Plan for Your Business

06:45 – Importance of Business Succession Planning

09:20 – Risks of Probate for a Business

11:50 – Protecting Company Assets from Personal Estate

14:10 – Using Powers of Attorney and Operating Agreements

16:40 – Steps for Florida Business Owners to Protect Their Company and Family

19:05 – Implementing a Proper Business Succession Plan

21:30 – Ensuring Proper Insurance for Business Succession Plans

About the Show:

If You Don’t Plan, You’re Stupid. is a podcast series focused on legal and financial strategies for protecting assets and securing legacies. Join us each week as we dive into essential topics for individuals and business owners looking to safeguard their future.

Long-Term Care & Nursing Home Costs: How to Protect Your Assets Without Going Broke Part 2

Mon, 16 Feb 2026 10:25:52 -0400

Episode Summary:
In this follow-up to the previous episode on long-term care and Medicaid planning, Andy Rosenberg continues his deep dive into Florida’s Medicaid rules and strategies for protecting family assets. He explains how personal service contracts and Qualified Income Trusts (Miller Trusts) can help families meet Medicaid’s strict income and asset limits while minimizing tax consequences. Andy also explores how to safeguard a family home with a Lady Bird Deed, manage assets in crisis Medicaid situations, and ensure families have durable powers of attorney and healthcare surrogates that meet state requirements. This comprehensive discussion helps Florida families understand how proactive planning—and even crisis planning—can prevent devastating financial loss.

Key Timestamps:
00:01 – Episode Introduction and Medicaid Recap
01:30 – Florida Medicaid Income and Asset Limits Explained
03:00 – How Personal Service Contracts Help Families Qualify
05:15 – Tax Implications of Asset Transfers and Escrow Strategies
07:40 – Protecting the Family Home Through a Lady Bird Deed
09:45 – Qualified Income Trusts and Monthly Medicaid Requirements
11:20 – Which Assets Are Exempt Under Florida Medicaid Rules
13:00 – Understanding the Five-Year Look-Back Rule for Gifts
15:00 – Essential Legal Documents: Durable Power of Attorney and Healthcare Surrogate
18:20 – Recognizing and Managing Crisis Medicaid Situations
20:10 – Andy’s Final Advice on Proactive vs. Crisis Planning

About the Show:
If You Don’t Plan, You’re Stupid features Florida estate planner Andy Rosenberg as he helps families understand how to protect assets, avoid probate, and prepare for the future. Each episode breaks down complex estate and Medicaid planning strategies into clear, practical steps for long-term financial protection and peace of mind.

Long-Term Care & Nursing Home Costs: How to Protect Your Assets Without Going Broke Part 1

Mon, 02 Feb 2026 12:41:40 -0400

Episode Summary:
In this insightful episode, Andy Rosenberg breaks down the complex and often misunderstood world of long-term care planning. He explains the staggering costs of nursing homes and assisted-living facilities, clarifies the differences between Medicare and Medicaid, and outlines practical strategies for protecting a family’s savings. Andy also discusses Florida’s unique Medicaid rules, including income and asset limits, the five-year look-back period, and how proactive and crisis Medicaid planning can preserve wealth.

Key Timestamps:
00:01 – Show Introduction
00:55 – Long-Term Care and Nursing Home Costs in Florida
02:20 – Medicare vs. Medicaid Coverage Differences
04:32 – Understanding Medicaid’s Three-Legged Stool: Medical Need, Income, Assets
06:25 – Florida Medicaid Eligibility Limits and Requirements
08:15 – Protecting Family Savings Through Long-Term Care Insurance
10:05 – The Five-Year Look-Back Rule and Proactive Medicaid Planning
13:10 – Crisis Medicaid Planning and Florida’s Flexible Rules
15:20 – How to Use Personal Service Contracts and Qualified Income Trusts
17:40 – The Difference Between Estate Planning and Medicaid Planning
19:00 – Preview of Part Two and Final Advice

About the Show:
If You Don’t Plan, You’re Stupid explores essential estate-planning strategies that protect families from financial hardship and uncertainty. Hosted by Florida estate planner Andy Rosenberg, each episode delivers practical insights on wills, trusts, probate avoidance, Medicaid planning, and long-term financial security.

What to Do After a Loved One Dies: A Step-by-Step Legal Checklist

Mon, 19 Jan 2026 11:49:26 -0400

Summary:
In this episode, Andy explains what to do after a loved one passes away. He walks families through both the emotional and legal steps they should take, including how to handle grieving, order death certificates, locate important estate planning documents, and contact Social Security. Andy also shares how his firm’s “Legacy Portal” helps families stay organized and avoid confusion during a difficult time. He explains what probate is, how it works, and how to keep assets out of court through proper planning.

Key Timestamps:

00:00 – Introduction
01:15 – Focus on Family and Grieving
02:30 – Ordering Death Certificates
04:45 – Finding Estate Planning Documents
06:40 – The Legacy Portal
09:50 – When a Will Can’t Be Found
11:15 – Where to Store Legal Documents
13:30 – Contacting Social Security
14:20 – Understanding Probate
16:00 – What Assets Go Through Probate
17:00 – Joint Ownership vs. Trusts
18:30 – Final Thoughts

Show Description:
When a loved one passes away, knowing what to do next can ease both emotional and legal stress. In this episode, Andy outlines the essential steps families should take after a death—from ordering death certificates and finding wills to understanding probate and the role of trusts. He also explains how his firm’s Legacy Portal helps clients stay organized and make the process easier for their families.

Why You Shouldn’t Put Your Kids’ Names on the House or Bank Account

Mon, 05 Jan 2026 09:56:02 -0400

Episode Summary:
In this informative episode, Andy Rosenberg explains why adding a child’s name to a deed or bank account—often done to “keep things simple” or avoid probate—can lead to serious financial and legal problems. Andy breaks down the hidden consequences, including exposure to lawsuits, divorce proceedings, bankruptcy risks, tax complications, and loss of control over your own assets. He also shares safer and smarter alternatives for passing assets to children without jeopardizing your financial security or estate plan.

Key Timestamps:
00:01 – Show Introduction
01:00 – Why Parents Add Their Children to Accounts or Property
03:20 – The Legal and Financial Risks of Joint Ownership
05:00 – How Joint Accounts Expose Assets to Lawsuits
07:10 – Divorce and Bankruptcy Implications
09:45 – Tax Consequences and Loss of Step-Up in Basis
12:30 – Real Estate Ownership Problems and Loss of Control
15:20 – Unintentional Disinheritance of Other Children
17:40 – Adding Minors or Grandchildren to Accounts
18:50 – A Real-Life Example of Bankruptcy Risk
19:30 – Safer Alternatives: Beneficiary Designations and Trusts

About the Show:
“If You Don’t Plan, You’re Stupid” helps Florida families make smarter financial and legal decisions about their futures. Each episode features practical insights from Andy Rosenberg on protecting assets, avoiding costly estate planning mistakes, and ensuring your loved ones are cared for the right way—without creating unintended consequences.

Special Needs Planning: How to Protect a Loved One Without Jeopardizing Their Benefits

Mon, 22 Dec 2025 11:15:04 -0400

Episode Summary:
In this episode, Andy Rosenberg dives into the critical topic of special needs planning and how a well-intentioned inheritance can unintentionally disqualify a loved one from vital government benefits. Andy explains how a properly structured special needs trust can protect assets, preserve eligibility for Medicaid and SSI, and ensure long-term care and security. He also clarifies the differences between first-party and third-party special needs trusts, the role of trustees, and other essential tools like powers of attorney and guardianships.

Key Timestamps:
00:01 – Show Introduction
01:10 – What Special Needs Planning Means in an Estate Plan
03:42 – How a Special Needs Trust Works
05:00 – The Role of Trustees and Managing Funds
07:10 – Asset and Income Limits for Special Needs Beneficiaries
09:15 – How to Avoid Losing Medicaid and SSI Benefits
11:05 – First-Party vs. Third-Party Special Needs Trusts
15:35 – Planning for Adult Children with Disabilities
17:20 – Powers of Attorney, Guardianship, and Living Wills
18:45 – Using a Pooled Special Needs Trust for Smaller Estates
19:40 – Final Advice on Working with an Experienced Estate Planner

About the Show:
“If You Don’t Plan, You’re Stupid” helps Florida families prepare for the future with clarity and confidence. Each episode features practical insights from Andy Rosenberg on protecting assets, preventing legal complications, and ensuring your loved ones are cared for—no matter their circumstances.

What Happens When a Loved One Dies Without a Will in Florida

Mon, 08 Dec 2025 11:51:24 -0400

Episode Summary:
In this insightful episode, Andy Rosenberg breaks down what it truly means to die without a will in Florida—and why it can create legal and emotional chaos for loved ones. He explains the probate process, the difference between dying “intestate” and “testate,” and how assets are distributed when there’s no estate plan in place. Andy also highlights the importance of proper documentation, choosing a personal representative, and taking the right steps to protect family members before it’s too late.

Key Timestamps:
00:01 – Introduction
01:05 – What “Intestate” Means in Florida
02:48 – How the State Distributes Assets Without a Will
05:00 – Understanding the Probate Process
07:42 – How Death Certificates and Opening Documents Start the Process
10:00 – Florida’s Inheritance Laws for Married and Unmarried Couples
13:45 – How the Court Chooses a Personal Representative
16:00 – Why Procrastination Leads to Legal Chaos
18:30 – How to Start Planning the Right Way

About the Show:
“If You Don’t Plan, You’re Stupid” helps Florida families understand the real-world consequences of poor or missing estate planning. Each episode features Andy Rosenberg’s clear, practical guidance on protecting assets, avoiding probate complications, and ensuring your family isn’t left dealing with unnecessary stress after you’re gone.

Digital Assets and Estate Planning: What Happens to Your Online Life?

Mon, 24 Nov 2025 09:26:52 -0400

Episode Summary:

In this episode, Estate planning attorney Andy Rosenberg explains why your digital life — from emails and photos to crypto and social media — must be part of your estate plan. He shares real client stories showing what happens when loved ones can’t access important accounts, and how his Legacy Portal helps families stay organized, secure, and prepared.

Key Timestamps:

00:00 – What digital assets include and why they matter
02:30 – Common examples: online banking, social media, photos, and business sites
05:00 – Real stories of families losing access to crypto and locked phones
08:30 – How Andy’s Legacy Portal helps clients organize digital assets
11:30 – Andy’s personal story: preparing before surgery
14:30 – Florida’s Digital Bill of Rights and privacy laws
17:00 – Handling crypto safely in estate planning
19:00 – How to create your own secure digital plan
20:00 – Final advice: your digital life is part of your legacy

About the Show:

If You Don’t Plan, You’re Stupid helps South Florida families protect their assets, avoid probate, and plan for the unexpected. Each episode features attorney Andy Rosenberg sharing clear, practical advice to help you build an estate plan that truly covers every part of your life — including the digital one.

Estate Planning for Young Families: Protecting Kids, Guardianship, and Life Insurance

Mon, 10 Nov 2025 14:44:35 -0400

Episode Summary:

In this episode, Estate planning attorney Andy Rosenberg explains why young parents can’t afford to wait when it comes to protecting their families. He shares real-life stories and practical advice on naming guardians, avoiding probate, and setting up a plan that secures your children’s future — even if the unexpected happens.

Key Timestamps:

00:00 – Why estate planning isn’t just for retirees
02:00 – Real story: Andy’s own health scare at age 48
04:30 – What happens to your kids if you die without a will
06:00 – How the court decides guardianship in Florida
08:00 – Tips for choosing the right guardian
10:00 – What to consider: values, maturity, and location
12:00 – Godparents vs. legal guardians — the real difference
15:00 – Common mistakes families make with estate planning
16:30 – How often to update your will
18:00 – Andy’s advice for parents: take responsibility now

About the Show:

If You Don’t Plan, You’re Stupid helps South Florida families protect their assets, avoid probate, and prepare for the unexpected. Each episode features attorney Andy Rosenberg sharing straightforward legal guidance and stories that make estate planning simple, practical, and essential for every stage of life.

What Happens If You’re Not Married? Estate Planning for Unmarried Couples in Florida

Mon, 27 Oct 2025 12:34:41 -0300

Episode Summary

In this episode, Andy breaks down one of the most overlooked estate planning topics—what happens when an unmarried partner passes away in Florida. Many couples live together without realizing that, under state law, they have no automatic legal rights to their partner’s assets, healthcare decisions, or property. Andy explains why proper planning is essential, the risks of not doing so, and the key legal documents every unmarried couple needs to protect each other.

What You Will Learn in This Episode

Why Florida does not recognize common law marriage
What happens legally when one partner passes away without a will
The importance of wills, trusts, and proper titling of assets
How durable power of attorney and healthcare surrogate forms work
The biggest mistakes unmarried couples make in estate planning
What a domestic partnership agreement can (and can’t) do in Florida
Steps to take if you’re living with a partner but not legally married

Key Timestamps

00:00 – Florida’s stance on common law marriage
02:00 – What happens if an unmarried partner dies without a will
04:30 – How to use wills and titling to protect your partner
07:00 – The role of power of attorney and healthcare surrogate documents
09:00 – Common estate planning mistakes unmarried couples make
13:00 – How to update legal documents when relationships change
15:00 – Understanding domestic partnerships in Florida
17:00 – Andy’s advice: why you need to plan today, not tomorrow

About the Show:

If You Don’t Plan, You Are Stupid! is a podcast hosted by estate planning attorney Andy Rosenberg. Each episode helps Florida families better understand how to protect their legacy, minimize legal complications, and ensure smooth transitions for their loved ones. With clarity, humor, and expertise, Andy explains topics like probate, trusts, guardianships, and wills.

Homestead Property in Florida: What Your Estate Plan Needs to Get Right

Mon, 13 Oct 2025 14:29:05 -0300

Episode Summary

In this episode, Andy Rosenberg breaks down one of the most misunderstood topics in Florida estate planning — Homestead law. He explains what qualifies as homestead property, the legal and tax advantages that come with it, and the common mistakes people make when managing or transferring their homes. Andy also shares real-life examples of how homestead protection works and how families can avoid costly surprises when planning for the future.

What You Will Learn in This Episode

What “Homestead” really means under Florida law
The two major benefits of homestead protection — creditor protection and tax savings
The limits and exceptions of homestead protection
How property value and taxes are affected when ownership changes
How homestead rules impact estate planning, wills, and trusts
Common mistakes that cause loss of homestead status
Why collaboration and proper legal drafting are essential in protecting your home

Key Timestamps

00:00 – Introduction to the importance of planning for your homestead property
01:10 – What qualifies as a homestead in Florida
03:20 – Why you can only have one homestead per household
05:00 – How Florida’s homestead laws protect homes from creditors
06:40 – The tax advantages of declaring homestead status
09:45 – How the “Save Our Homes” rule limits tax increases
10:30 – How inheritance affects homestead value and taxes
13:15 – Why Florida created the Homestead law and how it protects families
14:45 – How to properly transfer homestead property to avoid legal issues
16:30 – Common mistakes that can cause loss of homestead protection
18:00 – Discussion of Andy’s upcoming book “If You Don’t Plan, You’re Stupid”

About the Show:

The Biggest Estate Planning Mistakes People Make in Florida

Thu, 02 Oct 2025 16:30:53 -0300

Episode Summary

In this episode of If You Don’t Plan, You Are Stupid!, Florida Estate Planning Attorney Andrew Rosenberg exposes the most common estate planning mistakes families make—and how to avoid them. From procrastination and outdated beneficiaries to the risks of joint accounts and guardianship court, Andrew Rosenberg breaks down the pitfalls he sees every day in his practice. He also shares real-life stories, including high-profile cases, to highlight what can happen when planning is neglected.

Whether you think a simple will is enough or assume your beneficiaries are in order, this episode is a wake-up call to take action before it’s too late.

Key Timestamps

00:00 – Episode intro & why estate planning mistakes are costly
00:45 – #1 mistake: procrastination and the myth of “I’ll do it later”
02:40 – Why a will alone isn’t enough: probate is slow, costly, and public
05:45 – Outdated beneficiary designations: ex-spouses, minor kids, and unintended heirs
09:50 – Contingency planning matters: the Gene Hackman estate headlines
11:40 – Estate tax pitfalls: why poor planning forced the Miami Dolphins sale
12:30 – Hidden dangers of joint ownership with adult children (lawsuits, divorce, bankruptcy)
16:35 – Real-world story: how a child’s bankruptcy can put parent assets at risk
17:40 – Incapacity planning vs. guardianship court; durable power of attorney essentials
18:45 – If you’ve made mistakes: what to gather and the first step to fix them

About the Show:

The Executor of Your Will: Who Should You Choose and What Do They Actually Do?

Mon, 15 Sep 2025 14:15:09 -0300

Episode Summary

In this episode of If You Don’t Plan, You Are Stupid!, Florida Estate Planning Attorney Andrew Rosenberg explains the critical role of an executor—called a personal representative (PR) in Florida—in the probate process. Andy breaks down who qualifies to serve, what responsibilities the PR must carry out, and the qualities to look for when naming someone to this important role. He also discusses common pitfalls, the compensation executors can receive, and what happens if no PR is named in a will. This episode offers essential guidance for anyone creating or updating an estate plan.

Key Timestamps

00:54 – What is an executor and how is the term different in Florida?
03:25 – The responsibilities of a personal representative in probate court
06:47 – Who qualifies to serve as a PR and what qualities to look for
10:33 – Can someone decline the role of executor and what should they consider?
13:18 – Compensation for executors and attorneys in Florida probate
16:12 – What happens if no personal representative is named in a will
18:22 – Should you name multiple PRs or just one?
19:00 – How to update your will if you want to change your executor

About the Show:

Health Care Surrogates and Living Wills: Who Speaks for You?

Mon, 01 Sep 2025 12:29:38 -0300

Episode Summary

In this episode of If You Don't Plan, You Are Stupid!, estate planning attorney Andy Rosenberg delves into the critical aspects of medical decision making. They explore the differences between health care surrogates, living wills, and do-not-resuscitate (DNR) orders, providing clear explanations and real-life examples. The discussion emphasizes the importance of having these legal documents in place to ensure one's wishes are followed and to prevent potential family conflicts during critical times. Listeners will gain valuable insights into how these documents work and why they are essential for anyone concerned about their future medical care.

Key Timestamps

00:00 - Show Introduction and Welcome

02:00 - Introduction to Medical Decision Making Topic

05:00 - What is a Health Care Surrogate? (with example)

10:00 - What is a Living Will? (with example)

15:00 - What is a DNR? (with example)

20:00 - Importance of Having These Documents and Potential Scenarios

25:00 - Naming Your Health Care Surrogate and Considerations

30:00 - The Difference Between Health Care Surrogate and Living Will

35:00 - Handling Disagreements Between Surrogate, Doctor, and Family

40:00 - Conclusion and Call to Action

About the Show:

Blended Families and Estate Planning: Don’t Let Love Turn Into Legal War

Mon, 18 Aug 2025 07:55:00 -0300

Episode Summary:
In this insightful episode of If You Don’t Plan, You Are Stupid!, estate planning attorney Andy Rosenberg dives deep into the complexities of planning for blended families. With multiple marriages, children from different relationships, and joint assets, it’s easy for unintended outcomes—like accidental disinheritance—to occur without proper planning. Andy explains the critical role of communication, the value of separate and joint trusts, and why avoiding do-it-yourself planning can save your family from conflict and costly mistakes. Whether you're in a second marriage or navigating shared parenting, this episode offers practical advice to ensure your estate plan is both fair and effective.

Key Timestamps:

00:00 – Introduction to the complexities of blended family planning
02:10 – Defining what a “blended family” really means
04:20 – Why communication is the cornerstone of estate planning
07:50 – What can go wrong when everything is left to the surviving spouse
11:25 – A real client example: Five children from multiple relationships
15:40 – Using multiple trusts: His, hers, and joint
18:35 – Trusts explained: What they are and how they avoid probate
23:00 – Who controls the trust and when children can access it
26:10 – Guardrails in estate planning to prevent misuse
29:40 – DIY planning vs. hiring an experienced estate planning attorney
33:15 – How to find a trustworthy estate planning attorney
35:00 – The role of prenuptial and postnuptial agreements
38:45 – Can you create a plan that is fair for everyone? (Yes!)
41:00 – Final advice: Communicate and take action now

About the Show:

Power of Attorney: The Most Misunderstood Estate Planning Tool

Mon, 04 Aug 2025 12:48:38 -0300

Episode Summary:

In this episode of If You Don’t Plan, You’re Stupid, estate planning attorney Andy Rosenberg explains one of the most powerful and misunderstood legal tools in estate planning: the Durable Power of Attorney. Andy breaks down the differences between durable, general, and limited powers of attorney, the risks of not having one in place, and how to choose the right person for this critical role. With practical examples — including real-life client stories — Andy helps listeners understand when, why, and how to use a power of attorney effectively to avoid court involvement and protect their loved ones.

Key Timestamps:

00:01 – Show intro: What is a Durable Power of Attorney (DPOA)?
01:10 – How it differs from a medical directive (healthcare surrogate)
02:15 – Durable vs. general vs. limited power of attorney explained
04:20 – Florida’s legal history: springing DPOA vs. current law
06:00 – The risks of a DPOA being immediately effective upon signing
07:15 – Who should have a DPOA? (Spoiler: everyone, including college kids)
09:20 – Real-life example: 52-year-old stroke victim without DPOA
11:10 – Why guardianship court is a nightmare for families
13:00 – Choosing the right person to be your power of attorney
15:00 – Common qualities to look for: trustworthy, financially competent, rule-follower
16:30 – What powers should be included in a comprehensive DPOA
18:10 – Medicaid planning: the crucial language often left out
19:40 – What powers should not be given in a DPOA
21:00 – Can a bank legally refuse to accept a DPOA? (Yes — but there are rules)
22:30 – Is a DPOA valid across state lines? What if you move?
24:10 – What happens to a DPOA after the principal dies?

About the Show:

If You Don’t Plan, You’re Stupid is a podcast hosted by estate planning attorney Andy Rosenberg, founder of the Law Offices of Andrew G. Rosenberg, P.A. Each episode offers straightforward, no-nonsense advice on wills, trusts, powers of attorney, and more — helping families protect their legacy and avoid unnecessary legal entanglements.

Probate Court in Florida: The Nightmare You Can Avoid

Mon, 21 Jul 2025 16:36:23 -0300

Episode Summary:

In this informative episode, Florida estate planning attorney Andy Rosenberg explains the often misunderstood process of probate. Andy outlines what probate is, why it exists, how it works in Florida, and why families should aim to avoid it. The conversation explores practical strategies like proper asset titling, beneficiary designations, and setting up trusts to bypass the time-consuming and costly probate process.

Key Timestamps:

00:01 – Show Introduction
00:20 – What is probate and why does it exist?
01:57 – What makes probate complicated?
03:04 – Beginning, middle, and end of the probate process
06:46 – How long does probate take?
08:57 – Common myths about wills and probate
10:02 – Two types of probate in Florida
11:15 – How delays happen and how to prevent them
12:34 – Proven strategies to avoid probate
15:02 – Probate vs. guardianship court
17:08 – First steps to take to avoid probate

About the Show:

If You Don’t Plan, You’re Stupid is a podcast hosted by estate planning attorney Andy Rosenberg. Each episode helps Florida families better understand how to protect their legacy, minimize legal complications, and ensure smooth transitions for their loved ones. With clarity, humor, and expertise, Andy demystifies topics like probate, trusts, guardianships, and wills.

Wills vs. Trusts: What’s the Difference and Which One Do You Need?

Tue, 03 Jun 2025 13:24:02 -0300

About the Show:

"If You Don't Plan, You Are Stupid" is a podcast featuring estate planning attorney Andrew Rosenberg, designed to demystify estate planning and help listeners make informed decisions about protecting their assets and loved ones.

Episode Summary:

In this episode, host John Clements and estate planning attorney Andy Rosenberg break down the fundamental differences between wills and trusts. They discuss when each option is appropriate, the implications of probate court, and why proper estate planning matters regardless of wealth level. Andy provides practical insights into how asset titling, family circumstances, and personal situations influence whether a will or trust is more suitable.

Key Timestamps:

00:00 - Show Introduction

00:52 - Basic differences between wills and trusts

02:22 - When is a will enough vs. needing a trust

05:11 - Do you need to be wealthy to have a trust?

08:14 - Understanding probate court and its challenges

12:54 - Hidden risks with only having a will

14:49 - First steps in estate planning

Main Takeaways:

- A will guarantees probate, while a trust helps avoid it

- Probate in Florida is expensive (3% attorney fees), time-consuming (12-18 months), and public

- Trust planning isn't just for the wealthy

- Estate planning should consider both death and incapacity

- Consulting with a qualified estate planning attorney is crucial

Why You Need an Estate Plan: It’s Not Just for Old People

Tue, 27 May 2025 20:32:34 -0300

Episode Summary:

In this inaugural episode, estate planning attorney Andrew Rosenberg discusses common misconceptions about wills and estate planning, sharing compelling real-life stories including his own personal experience with a near-fatal heart attack. He explains why having just a will isn't enough and the importance of proper estate planning regardless of age or wealth status.

Key Timestamps:

00:01 - Show Introduction

00:52 - Origin story of "If You Don't Plan, You're Stupid" catchphrase

02:23 - Biggest myth about estate planning: Why having just a will isn't enough

06:21 - Real-life disaster story about inheritance and family conflict

10:15 - Success story about proper estate planning (Andy's personal heart attack experience)

15:01 - Preview of future episode topics

17:06 - Closing remarks and call to action

About the Show:

"If You Don't Plan, You Are Stupid" is a podcast hosted by John Clements featuring estate planning attorney Andrew Rosenberg. The show aims to demystify estate planning and demonstrate why planning for your future is crucial for everyone, regardless of age or wealth status.