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A will sets out how an individual’s probate assets will be distributed upon their death. A well‑crafted will is one of the most important tools for ensuring that a person’s wishes are honored. Having a clear and legally compliant will can significantly ease the burden on loved ones and help avoid disputes during probate. A properly drafted will allows individuals to choose their beneficiaries, designate guardians for minor children, and appoint a personal representative to manage their estate. Without a valid will, Florida’s intestacy laws determine how assets are distributed, which may not reflect the person’s actual wishes.

Florida law has specific requirements that determine whether a will is valid. In Florida, a will must be written, signed by the person making it, and witnessed by two individuals. Self-proving affidavits can be used to eliminate the need for locating witnesses to a will upon a person’s death. These formalities are strictly enforced, and failing to follow them can result in the will being declared invalid.

Trusts in Florida serve as flexible estate‑planning tools that allow individuals to manage, protect, and distribute their assets according to their wishes. If funded correctly a trust can help avoid many of the complications associated with probate. By placing assets into a trust, a person can designate a trustee to manage those assets for the benefit of chosen beneficiaries. Florida law recognizes a wide range of trusts—including revocable living trusts, irrevocable trusts, special needs trusts, and testamentary trusts—each designed to address different goals such as privacy, tax planning, asset protection, or long‑term care considerations. Because revocable living trusts can be modified during an individual’s lifetime, they are especially popular for those seeking flexibility in their estate plan.

Florida trusts offer additional advantages that can be tailored to a client’s unique circumstances. Properly structured trusts can help shield assets from creditors, provide for minor children or loved ones with disabilities, and ensure that wealth is preserved across generations. Florida’s trust code also provides a modern legal framework that supports efficient administration and clear fiduciary duties for trustees. For clients seeking to protect their legacy and streamline the transfer of assets, a well‑crafted trust can be an essential component of a comprehensive estate plan.

Avoiding probate in Florida is a central goal of many estate plans because the state’s probate process can be lengthy, costly, and public. Probate often takes six to twelve months or longer, involves court supervision, and can reduce the value of an estate through attorney fees and administrative expenses. Since probate records are public, families seeking privacy and efficiency often look for strategies that allow assets to pass directly to beneficiaries without court involvement. Understanding how probate works—and how to legally bypass it—helps ensure a smoother transition for loved ones during an already difficult time.

Florida law offers several effective tools to avoid probate and streamline the transfer of assets. The most common method is establishing a revocable living trust, which allows assets titled in the trust to pass outside probate under the Florida Trust Code. Other probate avoidance strategies include payable on death (POD) and transfer on death (TOD) designations, joint ownership with rights of survivorship, and enhanced life estate deeds (Lady Bird deeds), which are uniquely recognized in Florida. When used correctly, these planning techniques help families minimize delays, reduce costs, and maintain privacy—ensuring that assets are transferred efficiently and according to the client’s wishes.

Contact us to discuss how we can set up your estate plan to achieve the most efficient, cost-effective transfer of your assets upon death.

A durable power of attorney in Florida is a legal document where you (the principal) appoint someone you trust (the agent) to act on your behalf for financial and legal matters. The “durable” part means it remains effective even if you become incapacitated, ensuring continuous management of your affairs. To be valid, it needs to be signed with proper witnessing and notarization according to Florida law.

This document can authorize your agent to handle a variety of tasks like selling property, managing investments, paying bills, and even making certain healthcare decisions if you include those powers. It’s a crucial piece of any estate plan because it ensures that someone you trust is legally empowered to step in and manage things smoothly if you’re ever unable to do so yourself.

In Florida, a healthcare surrogate is someone you legally designate to make medical decisions on your behalf if you become unable to make them yourself. It’s a key part of advance directives, where you can appoint a trusted individual, like a family member or close friend, to communicate with doctors and make treatment choices in line with your wishes.

Creating a healthcare surrogate form means you outline your preferences and authorize this surrogate to make decisions if you’re ever incapacitated whether due to illness, surgery, or accident. This role is crucial for ensuring that your healthcare choices are respected and that there’s a clear decision-maker in place to advocate for you.

A living will in Florida is essentially a written declaration that spells out your wishes for medical treatment if you’re ever facing a terminal condition or end-stage illness and can’t communicate your decisions. In this document, you can specify which life-prolonging procedures or treatments you would want or refuse—like mechanical ventilation, resuscitation, or tube feeding.

Having a living will is a compassionate step to make things clearer for your loved ones and your healthcare providers, so they don’t have to guess what you would want. It’s legally recognized in Florida and forms a crucial part of your advance directives, ensuring that your healthcare choices are respected even when you can’t voice them yourself.

Florida’s probate process is the legal pathway for transferring a deceased person’s assets to their heirs or beneficiaries, and it begins with filing a petition in the circuit court of the county where the decedent lived. The court first validates the will, if one exists, and appoints a personal representative to manage the estate. This representative is responsible for gathering assets, notifying creditors, and safeguarding property during administration. Florida offers different types of probate such as formal administration and summary administration.  Each type of probate is designed to match the size and complexity of the estate.

Once the estate is opened, creditors have a limited window to file claims, and the personal representative must resolve valid debts and taxes before distributing remaining assets. Throughout the process, the court oversees key steps to ensure compliance with Florida law and to protect the rights of all interested parties. When all obligations are satisfied, the personal representative submits a final accounting and requests court approval to close the estate. Probate then concludes with the lawful transfer of assets to heirs or beneficiaries, providing a clear and orderly resolution for families during a difficult time.

Trust administration in Florida is essentially the process of managing and distributing the assets held in a trust after the trust creator, or grantor, passes away or becomes incapacitated. The trustee—the person or entity appointed to manage the trust—steps into a fiduciary role, meaning they have a legal duty to act in the best interests of the beneficiaries. The trustee is responsible for gathering and valuing the trust assets, paying any debts or taxes owed by the trust, and ultimately distributing the remaining assets according to the terms of the trust document.

Florida law has specific requirements for trustees, including providing notifications to beneficiaries and keeping detailed records of all transactions. The trustee must remain transparent and communicate regularly with the beneficiaries to ensure that the process is smooth and efficient. With the guidance of an experienced attorney, trust administration can be a relatively straightforward way to ensure that a decedent’s wishes are honored and that assets are transferred without the need for probate court involvement.

Medicaid planning in Florida focuses on helping individuals preserve their assets while qualifying for long‑term care benefits under the state’s Medicaid program. Nursing homes, assisted living facilities and memory care costs can quickly overwhelm even well‑prepared families.  Florida law allows the use of strategic tools, such as Qualified Income Trusts, asset restructuring, and exempt resource planning—to meet Medicaid’s strict financial requirements. Proper planning also ensures compliance with Florida’s five‑year look‑back rules, which penalize certain transfers made before applying for benefits.

For many Floridians, Medicaid planning is most effective when done proactively, but it can also be critical in crisis situations where long‑term care is needed immediately. An experienced elder law attorney can evaluate a client’s financial picture, recommend lawful strategies to protect assets, and guide and assist clients through the application process with the Florida Department of Children and Families.

Thoughtful planning not only safeguards a family’s financial stability but also provides peace of mind by ensuring access to essential long‑term care services when they are needed most.

Qualified Income Trusts (QITs), also known as Miller Trusts, are essential tools in Florida Medicaid planning for individuals whose monthly income exceeds the State of Florida’s strict eligibility income cap for long‑term care benefits. Florida’s Medicaid income limit is fixed, and when an applicant’s gross monthly income surpasses that threshold, they become ineligible for programs such as the Institutional Care Program (nursing home Medicaid) and Home and Community Based Services waivers (assisted living facility Medicaid) unless they establish a QIT. A QIT allows the applicant to deposit income into a specially created, irrevocable trust so that their “countable” income falls below the Medicaid limit, enabling access to critical long‑term care coverage.

A properly drafted QIT must follow specific legal requirements, including a written trust agreement, a dedicated bank account, and monthly deposits of income for every month the applicant seeks Medicaid eligibility. Once funded, the trust assets can only be used for very specific purposes such as the applicant’s patient responsibility. Because Florida’s income cap changes annually and Medicaid rules are complex, attorneys play a vital role in ensuring the trust is drafted correctly, funded on time, and administered in compliance with state regulations. For many Florida residents facing high nursing home or assisted living facility costs, a QIT is often the key to unlocking essential Medicaid benefits.

Long‑term care planning in Florida centers on preparing individuals and families for the financial, legal, and practical challenges that arise when aging or disability creates a need for ongoing support. Because the cost of nursing homes, assisted living, and in‑home care continues to rise, thoughtful planning helps clients protect their assets, understand available benefits, and make informed decisions before a crisis occurs. Florida law offers a variety of tools—such as advance directives, durable powers of attorney, long‑term care insurance evaluations, and Medicaid eligibility strategies—that allow families to maintain control and stability as care needs evolve.

Attorneys play a crucial role in guiding clients through these options, ensuring that each plan is tailored to the client’s health, family dynamics, and financial circumstances. Effective long‑term care planning not only safeguards a client’s resources but also reduces stress by clarifying who will make decisions, how care will be funded, and what protections are available under Florida law. By addressing these issues early, families gain peace of mind knowing they have a clear, legally sound roadmap for future care.