Estate Planning Attorney in Wellington, FL

Florida-specific estate planning considerations

Estate planning law is a state law domain. Florida's framework is one of the most favorable in the country for high net worth households, and the protections apply throughout Palm Beach County.

No state estate tax. Florida has no estate tax and no inheritance tax at the state level. For Wellington residents relocating from New York, New Jersey, Connecticut, or Massachusetts (all of which impose state estate or inheritance tax), this alone often justifies establishing Florida residency.

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, with acreage restrictions of half an acre inside municipal boundaries or up to 160 acres outside (which can be particularly relevant for Wellington equestrian properties).

Save Our Homes portability. Florida Statute 193.155 allows homestead property owners to transfer accumulated assessment caps when moving from one Florida primary residence to another. For Wellington residents trading between Florida properties, portability can save substantial annual property tax.

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.

Estate planning profiles in Wellington

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

Equestrian families. Wellington is one of the most concentrated equestrian communities in the country, with substantial property, livestock, and business operations tied to the equestrian industry. Estate plans for equestrian families need to address ownership of horses (which are tangible personal property with often significant value), continuity of training and care operations during transitions, employment of barn staff and trainers, and entity-level coordination for any commercial equestrian business.

Seasonal residents during winter equestrian season. Many Wellington property owners maintain primary residences elsewhere and occupy Wellington homes during the Winter Equestrian Festival season. Florida domicile, multi-state asset coordination, and seasonal operational continuity all need explicit attention. Establishing Florida as the primary domicile (rather than the seasonal state) is often the highest-leverage tax planning step available.

High net worth families. Wellington has one of Palm Beach County's highest concentrations of high net worth households. Estates often include investment accounts, business interests, real estate holdings in multiple states, equestrian assets, and significant retirement accounts. Coordinated planning across irrevocable trusts, family limited partnerships, and active gifting programs is standard.

Country club and gated community residents. Wellington has substantial gated communities including Palm Beach Polo, Wellington Country Club, Aero Club, and surrounding equestrian neighborhoods. Many of these communities have equity certificate requirements, transfer fees, or community-specific provisions that need coordination in the estate plan for smooth transfer at death.

Business owners. Wellington has a substantial professional and business owner community, with operations ranging from equestrian-adjacent businesses (feed, tack, transport, veterinary) to entirely separate industries. Business succession planning, key person provisions, and entity-level coordination are routine.

Documents in a Florida estate plan

Our piece on estate planning for Florida snowbirds and multi-state residents covers the residency and domicile framework in detail.

The biggest estate planning mistakes Wellington residents make

Keeping an out-of-state estate plan after relocating. A New York or New Jersey will is usually still valid in Florida, but rarely captures Florida's homestead rules, elective share, Save Our Homes portability, or tax advantages. A non-Florida durable power of attorney is frequently rejected by Florida banks. Healthcare documents drafted under another state's law often need replacement with Florida-form versions.

Failing to establish Florida domicile. Owning a Wellington home doesn't automatically establish Florida residency. Origin states with estate or inheritance taxes actively challenge residency claims at death. Without documented Florida domicile, the origin state's tax can still apply to the entire estate.

Unfunded revocable living trusts. A trust only avoids probate for assets actually titled in the trust's name. Many Wellington residents establish a trust but never re-title their home, bank accounts, equestrian properties, or investment accounts. Unfunded assets pass through probate regardless of the trust's existence.

Stale beneficiary designations. Retirement accounts, life insurance, annuities, and TOD/POD designations pass outside the will. When these designations conflict with current family circumstances (remarriage, deceased beneficiaries, estranged children, new grandchildren), the designation controls regardless of intent.

Treating equestrian assets as personal-property afterthoughts. Horses, training contracts, breeding arrangements, and equestrian business interests often carry substantial value and operational complexity that simple personal-property language in a will doesn't capture. Explicit treatment in the trust or will, with coordination to entity ownership where applicable, prevents post-death disputes.

Florida domicile and the 15th Judicial Circuit

Wellington falls within Florida's 15th Judicial Circuit, which covers Palm Beach County. Probate and estate-related litigation involving Wellington residents is filed with the Palm Beach County Clerk of Court, with the probate division operating from the main courthouse at 205 N. Dixie Hwy, West Palm Beach. The South County Courthouse at 200 W. Atlantic Ave., Delray Beach, also handles certain Palm Beach County matters.

Establishing Florida domicile for Wellington residents who relocated from another state involves several deliberate steps: filing a Florida Declaration of Domicile with the Palm Beach County Clerk, getting a Florida driver's license, registering to vote in Florida, registering vehicles in Florida, moving primary banking and brokerage relationships to Florida-based institutions, and spending more than half the year in Florida. None of these steps alone establishes domicile; the totality matters.

For seasonal residents who maintain a primary residence in their original state, additional documentation strengthens the Florida domicile claim and weakens the origin state's ability to assert continuing residency.

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 maintains two offices in Palm Beach County, both convenient for Wellington residents:

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

For Wellington residents, the West Palm Beach office sits roughly 15 to 25 minutes east, depending on traffic and the specific Wellington community. In-person consultations and document signings are routine, and many seasonal residents prefer in-person meetings while in Florida for winter equestrian season. Remote online notarization (RON) is available for clients who prefer to handle the entire process without traveling.

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

Frequently Asked Questions