Estate Planning Lawyer vs. Attorney: Is There a Difference?

When seeking professional assistance for estate planning, you may come across the terms
“lawyer” and “attorney” being used interchangeably. While these terms may seem synonymous, there are subtle distinctions between the two. Understanding these differences, particularly in the state of Florida, ensures that you engage a qualified professional to assist with your estate
planning needs.

Defining the Terms

1. What is a Lawyer?
   A lawyer is a general term used to describe someone who has completed law school
   and earned a Juris Doctor (J.D.) degree. However, a lawyer may or may not be licensed
   to practice law. Earning a law degree does not automatically grant an individual the
   ability to represent clients in legal matters.
2. What is an Attorney?
   An attorney, or “attorney at law,” is a lawyer who has passed the bar examination,
   fulfilled all licensing requirements, and is authorized to practice law in a particular
   jurisdiction. Attorneys are permitted to represent clients, provide legal advice, and
   prepare legal documents. In Florida, attorneys must meet the standards set forth by The
   Florida Bar to be eligible to practice law.

While all attorneys are lawyers, not all lawyers are attorneys. The critical distinction is licensure
and the ability to actively practice law and represent clients in legal proceedings.

Why Does the Difference Matter in Estate Planning?

Estate planning is a highly specialized area of law that involves the preparation of critical legal
documents, including wills, trusts, advance directives, and powers of attorney. Because these
documents must comply with Florida law to be enforceable, it is essential to work with a
licensed attorney who has experience in estate planning.

Role of an Estate Planning Attorney

An estate planning attorney in Florida provides a range of legal services, including:

1. Drafting Legal Documents:
   • Wills
   • Trusts (revocable and irrevocable)
   • Durable powers of attorney
   • Advance healthcare directives and living wills
2. Advising on Legal and Financial Matters:
   • Attorneys can guide clients through strategies to minimize estate taxes, protect assets,
     and ensure the proper distribution of property to beneficiaries.
3. Probate and Estate Administration:
   • Estate planning attorneys often assist in administering estates after death, ensuring compliance with probate laws and resolving legal issues that may arise.
4. Guardianship Designations:
   • For individuals with minor children, an estate planning attorney helps establish guardianship provisions to protect the children’s future.
5. Updates and Modifications:
   • Life changes—such as marriage, divorce, births, or significant financial shifts—often necessitate updates to estate plans. An attorney ensures the plan remains current and enforceable.

The Risks of Working with Non-Attorneys

While some individuals may be tempted to use online templates or consult non-attorney
advisors for estate planning, doing so can result in unintended consequences. Common issues
include:

• Improper Execution: Florida law has specific requirements for the execution of wills
  and other estate planning documents. Mistakes in the signing process can invalidate the
  document.
• Noncompliance with State Laws: Online or generic templates may not account for
  Florida-specific statutes, such as homestead protections, which can create
  complications during probate.
• Limited Customization: Estate plans require a tailored approach to address individual
  family dynamics, financial situations, and unique goals.
  A licensed estate planning attorney ensures compliance with state laws and provides guidance
  to help individuals make informed decisions about their future.

Why Licensing Matters in Florida

Florida has specific legal requirements that govern estate planning and probate processes. The
Florida Bar regulates the practice of law to protect individuals from unauthorized legal advice or
invalid documents. By choosing a licensed attorney, you can be confident that your estate
planning documents will be drafted and executed in accordance with Florida law.

Conclusion

The terms “lawyer” and “attorney” are often used interchangeably, but the distinction lies in
licensure and the ability to actively practice law. When it comes to estate planning in Florida,
hiring a licensed estate planning attorney is essential to ensure your assets are protected, legal
documents are valid, and your wishes are carried out.

If you need assistance with estate planning in Florida, consult a qualified estate planning
attorney who can help create a comprehensive plan that meets your needs.