Estate Planning Attorney in Doral, FL

Florida estate planning fundamentals

Estate planning law is a state law domain. Florida's framework applies identically to a Doral resident, a Boca Raton resident, or a Tallahassee resident. The features that distinguish Florida from most other states:

No state estate tax. Florida has no estate tax and no inheritance tax at the state level. Federal estate tax applies only above the federal exemption, currently in the multi-million-dollar range per person.

Unlimited homestead. Florida's constitutional homestead protection shields the primary residence from most creditors during life and provides specific surviving spouse and minor child protections at death. The protection is unlimited by value, subject only to acreage restrictions.

Elective share. Florida Statute 732.2065 guarantees a surviving spouse 30% of the "elective estate," an expanded definition that includes probate assets plus most non-probate transfers. A spouse cannot be fully disinherited in Florida.

Tenancy by the entireties. Property owned jointly by a married couple is protected from creditors of either individual spouse and passes automatically to the survivor.

Remote online notarization (RON). Florida law permits most estate planning documents to be signed via remote online notarization, eliminating the need to travel for execution in many cases.

Doral estate planning profiles

Doral's resident profile creates several distinct estate planning scenarios.

Business owners with cross-border operations. Doral has a significant concentration of business owners whose companies operate across Florida, Latin America, and the Caribbean. Estate plans for these business owners need to address both the Florida-located business interests (LLCs, corporations, real estate) and the foreign-located interests, often under coordinated planning that crosses jurisdictional boundaries.

Multi-generational Latin American families. Doral has one of the largest concentrations of multi-generational Latin American family households in Florida, often with adult children, parents, and sometimes grandparents anchored across the US and one or more home countries. Coordinated planning across two or three generations, in multiple jurisdictions, is standard work for this client base.

Real estate developers and investors. Doral's substantial real estate development community includes commercial property owners, residential developers, and investors holding multi-property portfolios. Estate plans here often integrate business succession planning with personal estate planning, particularly for closely-held real estate operating companies.

Aviation, trade, and logistics professionals. Doral's proximity to Miami International Airport and PortMiami supports a substantial professional community in aviation, freight forwarding, logistics, and international trade. Estate planning for these professionals often involves retirement accounts, deferred compensation, and equity in privately-held operating businesses.

Working professional families. Beyond high net worth segments, Doral has substantial working professional households with standard estate planning needs: wills, powers of attorney, healthcare directives, and guardianship designations for minor children. Many of these families came to Doral from other countries and have not yet updated estate plans drafted abroad for Florida law.

Documents in a Florida estate plan

Our piece on estate planning for Florida snowbirds and multi-state residents covers the residency and domicile framework, which applies to anyone who relocated to Florida from another state or country.

The biggest estate planning mistakes Doral residents make

Relying on a foreign will or out-of-country estate plan for Florida assets. A will drafted in another country may have legal effect in that country but rarely satisfies Florida's execution requirements (two witnesses, notarization in the right form, signatures in the right sequence) for Florida real estate, Florida-domiciled assets, or Florida-located financial accounts. The Florida assets may end up in intestate succession under Florida law regardless of what the foreign will says.

Keeping an out-of-state estate plan after moving to Florida. A will drafted in another state usually remains valid in Florida, but it rarely captures Florida's homestead rules, elective share, or tax advantages. Powers of attorney drafted in other states are frequently rejected by Florida banks and brokerage firms.

Misaligned beneficiary designations. Retirement accounts, life insurance, and TOD/POD designations pass outside the will. When these designations conflict with the will or trust (or with current family circumstances), the beneficiary designation controls regardless of intent.

Treating a revocable living trust as set-and-forget. A trust only works if assets are titled into it. Many Doral residents establish a trust, then never re-title their home, bank accounts, or investment accounts into the trust. Unfunded assets pass through probate regardless of the trust.

Not coordinating Florida and foreign estate plans. For Doral families with assets, business interests, or beneficiaries in another country, the Florida estate plan and the foreign estate plan need to coordinate. Treating them as independent tracks creates gaps, duplications, and conflicts that surface at the worst possible time.

Florida residency and the 11th Judicial Circuit

Doral falls within Florida's 11th Judicial Circuit, which covers Miami-Dade County. Probate and estate-related litigation involving Doral residents is filed with the Miami-Dade County Clerk of Court, with the probate division operating from the Lawson E. Thomas Courthouse Center at 175 NW 1st Ave., Miami.

For residents who recently moved to Doral from another country or another state, establishing Florida domicile is the prerequisite for Florida's estate planning advantages to apply. Establishing domicile means filing a Florida Declaration of Domicile with the Miami-Dade County Clerk, getting a Florida driver's license, registering to vote in Florida if eligible, registering vehicles in Florida, and treating Florida as the primary residence for tax and legal purposes.

For Doral residents who maintain ties to another country (common for first-generation residents), explicit attention to domicile documentation prevents later disputes over which jurisdiction has authority at death.

Why work with Kelley, Grant & Tanis, P.A.

Brett Halperin leads the firm's estate planning, probate, trust administration, asset protection, and elder law practice. Brett earned his JD from the University of Florida Levin College of Law and his Bachelor's in Economics from the University of Florida, where he was a member of Florida Blue Key. He's a member in good standing of the Florida Bar. Full attorney bios on our attorneys page.

The firm's two offices are in South Florida, approximately 45 minutes to 1 hour 15 minutes north of Doral:

• Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432
• West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401

Most Doral estate planning work happens remotely. Initial consultations and planning sessions are by phone or video. Document drafting is handled by counsel. Final signing happens via remote online notarization (RON) or by mail. Doral clients can also opt for in-person meetings at our Boca Raton office.

Estate planning integrates with the firm's probate, trust creation, asset protection, and real estate practices.

Frequently Asked Questions