Question 1

Do I need a will or a trust?

Accepted Answer

Most Florida families benefit from a revocable living trust in addition to a will, particularly if they own real property. A trust can avoid probate, maintain privacy, and allow faster distribution to heirs. We walk you through which is right for you.

Question 2

How much does an estate plan cost?

Accepted Answer

Most plans are flat-fee. Pricing depends on whether you need a will-based plan or a trust-based plan, and whether property retitling is involved. Call for a quote.

Question 3

Can I use an online will service instead?

Accepted Answer

You can, but Florida has specific execution requirements (witness and notary rules) that online services sometimes fumble, and generic documents rarely address homestead, Florida trust formalities, or business assets. An improperly executed will creates more problems than no will at all.

Question 4

Can you prepare documents in Spanish or Haitian Creole?

Accepted Answer

Legal documents are executed in English under Florida law, but we explain every provision in your language and provide translated summaries so your family understands the plan.

Question 5

What is Florida homestead and how does it affect my estate plan?

Accepted Answer

Florida homestead is one of the most powerful protections in the country — it shields your primary residence from most creditor claims and severely restricts how you can leave it in your will if you have a spouse or minor children. A trust-funded homestead has special rules. We design your plan around homestead, not around it, so the protection is preserved.

Question 6

Can I disinherit my spouse or a child in Florida?

Accepted Answer

Florida gives a surviving spouse an 'elective share' of roughly 30% of the augmented estate — meaning you cannot fully disinherit a spouse without a valid prenuptial or postnuptial agreement. You can largely disinherit an adult child, but homestead and minor-child rules still apply. We design plans that hold up under Florida law and family pressure.

Question 7

What is probate and how can I avoid it?

Accepted Answer

Probate is the court-supervised process of transferring assets after death. In Florida it typically takes 6–12 months and becomes part of public record. You avoid it through revocable trusts, beneficiary designations, joint ownership with right of survivorship, and Lady Bird (enhanced life estate) deeds. We design the plan to keep as much as possible out of probate.

Question 8

I am a foreign national who owns Florida real estate. Do I need a U.S. estate plan?

Accepted Answer

Yes — and urgently. Foreign nationals owning U.S. real property face a federal estate tax exemption of just $60,000 (versus $13.6M+ for U.S. citizens), and U.S. probate of foreign-owned property is slow and expensive. Holding through a trust, LLC, or other structure can dramatically reduce both estate tax exposure and probate friction. We coordinate with international tax counsel where needed.

Question 9

When should I update my estate plan?

Accepted Answer

After any major life event: marriage, divorce, birth of a child or grandchild, death of a beneficiary or fiduciary, significant change in assets, move to or from another state, or major change in tax law. As a baseline, review every 3–5 years even without a triggering event.

Question 10

Will my will from another state work in Florida?

Accepted Answer

Often yes for the basic provisions, but Florida has unique rules — homestead, elective share, witness requirements, and personal representative residency rules — that out-of-state wills frequently miss or violate. We recommend a Florida-compliant update once you become a Florida resident.

Estate Planning

About this practice

Matters we take on

Wills

Revocable living trusts

Powers of attorney

Healthcare and end-of-life directives

Real property and LLC retitling

Why clients choose us for estate planning

Estate Planning — questions we hear

Related services

Real Estate

Business Formation

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