FAQ Estate Planning

Yes, it is still advisable to have a ‘pour-over’ Will to cover any assets not included in the Trust and to appoint guardians for minor children.

Probate is the legal process of administering a deceased person’s estate. In Florida, it can take anywhere from 6 months to over a year depending on the complexity of the estate, the size of the estate (whether it is tangible or not) and whether it is contested.

Yes, probate can be avoided by using tools such as living trusts, joint ownership with right of survivorship, payable-on-death accounts, and enhanced life estate deeds (Lady Bird Deeds), but such measures should be taken with the advice of an Estate Planning Attorney to avoid unintended consequences.

If someone dies intestate (without a Will), Florida’s intestacy laws determine how their assets are distributed, typically to spouses, children, or other close relatives.

It’s recommended to review and update your estate plan every 3–5 years or after major life events such as marriage, divorce, the birth of a child, death of a beneficiary, or significant changes in assets.

A durable power of attorney authorizes someone to handle your financial and legal affairs if you become incapacitated. It ensures continuity and avoids court-appointed guardianship.

Yes, estate planning is not just about wealth. It includes healthcare directives, guardianship decisions, and appointing someone to make decisions if you are unable to do so.

Florida does not have a state estate or inheritance tax. However, federal estate tax may apply to estates exceeding a certain threshold (subject to change annually) and real property located in other states may be subject to tax without proper planning.

Fees vary based on the complexity and size of the estate and the clients’ wishes. A consultation with an Attorney can help determine your needs and provide a specific quote or range of fees and costs.