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Estate planning

Documents that say who makes decisions if you cannot, who inherits what you own, and how to keep your family out of court.

Wills

A will names who receives your property, who serves as personal representative and who would care for minor children. In Florida, a will must be signed at the end and witnessed by two people. A self-proving affidavit signed before a notary lets the court admit the will without locating the witnesses later.

Revocable living trusts

Assets titled in a revocable trust pass to your beneficiaries without probate, and your successor trustee can manage them if you become incapacitated. A trust only works if it is funded, so the firm prepares the deeds and assignments that move property into it.

  • Revocable trusts for individuals and married couples
  • Pour-over wills
  • Deeds and assignments to fund the trust, including LLC membership interests
  • Trusts for minor children and beneficiaries who need oversight

Incapacity documents

  • Durable power of attorney. Names an agent to handle financial matters. In Florida it must be signed in front of two witnesses and a notary, and it takes effect when signed.
  • Designation of health care surrogate. Names the person who makes medical decisions if you cannot.
  • Living will. States your wishes about life-prolonging procedures.
  • Pre-need guardian designation. Names who should serve if a guardian is ever needed for you or your minor children.

Florida homestead

Florida’s constitution restricts how a homestead can be left at death when the owner is survived by a spouse or minor child. A plan that ignores these rules can fail. The firm reviews how your home is titled and can prepare an enhanced life estate (“Lady Bird”) deed that keeps your full control during life and transfers the home without probate.

Planning for business and real estate owners

  • Holding LLC interests and investment property in a trust
  • Succession provisions coordinated with operating and shareholder agreements
  • Avoiding a separate probate for out-of-state real estate

New to Florida?

A will that was valid in the state where it was signed is generally valid in Florida, but powers of attorney, health care documents and homestead rules differ from state to state. If you have moved here, it is worth having your documents reviewed under Florida law.

Review your plan after a marriage, divorce, birth, death in the family, move, or the purchase or sale of a business or significant property.

Talk through your matter

Tell us briefly what you need. We will reply within one business day to set a time to talk.