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For those unfamiliar with Florida estate law, there can be the assumption that “estate planning” is reserved for those who own a large gated property. Legally, however, an estate plan is nothing more than a set of legal documents that outline your wishes for the distribution of your assets after your death.  Estate plans are critical for anyone who wishes to control and protect their assets when they’re no longer able to do so. Working with an experienced estate planning attorney to prepare a will, trust, and other legal documents can ensure that your estate plan is tailored to your individual needs and goals. With that in mind, let’s take a closer look at what an estate plan entails, the benefits of estate planning in Florida, and how partnering with a law firm well-versed in the intricacies of Florida estate tax laws will make sure that your wishes are met. Florida Estate Tax Laws and Estate Planning Explained Florida estate tax laws are some of the most liberal in the country, with many folks moving to the Sunshine State to take advantage of the friendly estate laws. As we mentioned above, an estate plan is simply the legal documents you’ll need to make sure all of your assets are distributed per your wishes after your death. What is included in an estate plan Will The most common part of an estate plan is the will, which in Florida is known as the Last Will and Testament. This document will legally declare such information as who the executor of the estate will be, who the beneficiaries are, how the assets will be distributed, and the names of guardians in the case of minor children. Trust A trust is a fiduciary arrangement that allows for a third party (trustee) to hold property and other assets for the beneficiary both during their lifetime and after. Most trusts are revocable, meaning they can be modified at any time by the person establishing the trust (for more on how to dissolve a revocable trust click here ). Florida trust laws require trusts to be drafted by a licensed attorney, and doing so will help you and your beneficiaries avoid any expensive legal issues down the road. Power of attorney A power of attorney gives legal authority to a trusted individual who can make decisions and act on your behalf if and when you are no longer physically able to do so. Depending on the language of the legal document, this could entail legal, financial, and medical decision-making powers. Other documents Every individual situation is different, and it’s possible you’ll need an estate planning attorney to draw up other legal documents to protect your assets, such as Florida’s homestead exemption, spousal property ownership splits, and healthcare directives. Benefits of Estate Planning in Florida Considering the liberality of Florida estate law, it’s not difficult to see the many benefits of having an estate plan. Not only will you be able to make important decisions about your future and protect your hard-earned assets during your own lifetime, but it will also allow you to provide for your dependents after your death. In the end, making an estate plan will save you time, money, and excessive stress for both you and your loved ones. Hire An Experienced Estate Planning Attorney There are inevitably going to be estate planning costs when you hire a seasoned lawyer who’s an expert in Florida estate tax laws and Florida trust laws. But the benefits and security offered— specifically, tailoring your documents to your needs and ensuring that the estate plan is properly executed—will be well worth the investment in the long run. Estate planning is an important process that everyone should consider, regardless of age or wealth. By working with an experienced estate planning attorney, you can ensure that your wishes are carried out and your loved ones are protected. The law firm of Walser & Herman is dedicated to helping clients throughout Florida create customized estate plans that meet their needs and goals. The post Florida Estate Law: What To Know About Estate Planning in the Sunshine State appeared first on Walser Law Firm .

If you’re a Florida homeowner or retiree, understanding probate is essential—whether you’re planning for the future or handling the estate of a loved one. With over 40 years of experience in probate and estate planning, a background as a CPA, and a Master’s in Estate Planning, I’ve guided families through every type of probate case: from simple formal administration to complex contested estates involving multiple heirs and properties. Here’s what you need to know. Probate Explained in Plain Language Probate is the legal process that determines who inherits a deceased person’s assets and ensures those assets are legally transferred to the rightful heirs. A helpful analogy I use with clients: if you have to read the will to figure out who receives an asset, that asset must go through probate. Probate gives the legal authority to transfer assets like bank accounts, investments, and real estate to the heirs named in the will. Without it, the transfer cannot happen, no matter what the document says. Common Misunderstandings About Probate Two misconceptions I see all the time: • “The bank will accept the will.” Banks and financial institutions cannot act on a will alone. They require Letters of Administration from the probate court. These letters authorize the personal representative to manage, collect, and distribute the decedent’s assets legally. • “Probate is quick and simple.” In reality, probate involves multiple legal steps, court filings, notifications to heirs and creditors, and administrative tasks. In Florida, it generally takes 6–12 months , and longer if there are disputes, multiple heirs, or complex assets. Real-Life Examples: Why Probate Matters I often see heirs try to take a will directly to a bank, expecting access to accounts. The bank refuses— only the probate court can validate the will and issue the necessary authority. The same applies to real estate. If a property doesn’t have a co-owner with rights of survivorship, probate is required before the deed can legally transfer to the heir. Without probate, the rightful heir cannot claim ownership, even if they are named in the will. Challenges That Arise in Probate Probate can become complicated when family members disagree : • Children may argue about paying final expenses or dividing personal property like jewelry. • Second marriages and blended families can introduce disagreements about selling or distributing assets. • Contested estates may involve disputes over the will or asset ownership. With decades of experience in formal administration, summary administration, ancillary probate, and contested estates, I’ve helped families navigate these challenges efficiently and fairly. How to Minimize Probate Problems The best way to reduce delays, costs, and stress is proactive planning: • Revocable Trusts: Transferring assets into a trust can bypass probate entirely. • Beneficiary Designations: Adding heirs to bank and brokerage accounts ensures a smooth transition. • Real Estate Planning : Executing a quitclaim deed that names heirs as remaindermen allows property to transfer without court involvement. Proper planning ensures your family avoids unnecessary stress and expenses after your passing. Who Should Care About Probate? If you’re a Florida retiree with homes, vacation properties, or other real estate, probate is likely relevant to you. Many people underestimate how probate works and assume their heirs can simply inherit assets without court involvement. Even if you already have a will, probate may still be required. If you don’t have an estate plan , now is the time to create one. For families who recently lost a loved one without proper documents, contacting a probate attorney is essential to guide the family with clarity, compassion, and legal precision. Take Action Today Probate doesn’t have to be overwhelming. With the right guidance, your estate can be managed smoothly, efficiently, and according to your wishes. • Update or create an estate plan to protect your assets. • Consider trusts and proper titling to reduce probate costs. • Consult a probate attorney if a loved one passed without an estate plan. With proper planning, you can ensure your family is protected and your legacy is preserved.

The process of Medicaid asset protection in the state of Florida can be a bit complicated to understand, but knowing the rules, laws, and regulations can help ensure that your money is going to the proper place, and that long-term care will still be provided. Proper Medicaid asset protection planning can often blindside individuals, most [...] The post Understanding Medicaid Asset Protection in Florida appeared first on Walser Law Firm.

To answer the question, "how long does an executor have to settle an estate in Florida?" an individual should be aware of a number of facets of the state's probate process. An executor's time to settle an estate varies considerably depending on assets, and there are multiple ways of achieving this process. To better understand [...] The post How Long Does An Executor Have to Settle An Estate In Florida? appeared first on Walser Law Firm.

Due to the complexity of the Medicaid application and eligibility process, it can be quite a challenge to get started on your Medicaid planning. Since these programs differ greatly between states, the body of rules, regulations, and requirements that govern them change often. For this reason, numerous Medicaid planning services exist to help individuals with [...] The post What You Should Know About Medicaid Planning appeared first on Walser Law Firm.

Matrimony is always a cause for celebration, but for those who are entering their second marriage, financial advice for your estate planning can help you avoid a mess of problems later on. Individuals who remarry following a separation often have children and other dependents who are eligible to receive benefits and assets. With proper estate [...] The post Second Marriage Financial Advice appeared first on Walser Law Firm.

When someone dies and does not leave a will, a letter of administration (or letters testamentary) is used to legally permit a person with the power to become administrator of the deceased’s estate. When this happens, the chosen individual (who is usually a close family member or friend), takes on the responsibility of sorting out [...] The post What Are Letters of Administration? appeared first on Walser Law Firm.

You might think it a strange practice to tax an individual’s right to distribute their own property after passing, but estate taxes constitute an important part of the process, and it’s something you should absolutely understand if only to ensure the right amount of tax is being levied. Estate taxes are one of the oldest [...] The post What Are Estate Taxes? appeared first on Walser Law Firm.

Individuals looking to begin the process of estate and trust administration commonly find themselves asking a few questions: what is trust administration? What does trust administration do? And, why is it a vital aspect of any proper estate plan? These are all excellent questions, and we’ll touch on these subjects, and more. To ensure that [...] The post What is Trust Administration? appeared first on Walser Law Firm.