Estate Planning Attorney

Comprehensive Estate Planning in Florida

Estate planning is essential for protecting your assets, securing your family’s financial future, and clearly outlining your wishes. At Kelley Grant & Tanis, our attorneys are proud members of the Florida Bar and provide personalized estate planning services tailored to your specific financial goals and family circumstances. We guide clients across Florida through each step of the estate planning process, ensuring clarity, legal compliance, and peace of mind.

Why Estate Planning Matters

Estate planning involves creating a structured plan that manages asset distribution, healthcare directives, and financial responsibilities after your passing or during incapacity. A well-prepared estate plan helps your family avoid probate complexities, minimize taxes, and prevent family disputes. Proper planning also ensures your estate is managed according to your values and wishes.

Estate Planning Tools and Documents We Offer

Our attorneys provide a variety of tools to meet diverse planning goals:

• Last Will and Testament: Clearly states your wishes for asset distribution, guardianship of minor children, and executor designation.
• Trusts: Manages assets to avoid probate, offer creditor protection, and achieve tax efficiency.
• Power of Attorney: Designates someone to manage your financial affairs if you become incapacitated.
• Healthcare Directives: Outlines your medical preferences and appoints someone to make healthcare decisions for you if necessary.

Creating Your Last Will and Testament

A will is a fundamental component of estate planning, specifying how your assets will be distributed and who will care for your minor children after your passing. Our attorneys ensure your will meets all Florida legal requirements and clearly communicates your final wishes, minimizing potential conflicts among heirs.

Utilizing Trusts for Asset Protection

Trusts provide robust mechanisms for managing your assets during your lifetime and after your passing. From revocable living trusts offering flexibility to irrevocable trusts providing significant asset protection, our attorneys help select and draft the right trust structures that comply with Chapter 736 of the Florida Statutes.

Establishing Powers of Attorney

A power of attorney grants someone legal authority to manage your financial affairs if you become unable to do so yourself. Our attorneys help you designate trustworthy individuals to handle critical financial decisions, safeguarding your assets and ensuring continuity in managing your affairs.

Healthcare Directives for Medical Decision-Making

Healthcare directives allow you to define your medical treatment preferences and appoint a healthcare surrogate who will make decisions if you’re unable. We help clients clearly express their healthcare wishes, providing reassurance that their values and preferences will be honored in difficult times.

Benefits of Working with an Estate Planning Attorney

Estate planning involves intricate legal considerations that significantly impact your family’s future. Our attorneys assist by:

• Personalized Planning: Tailoring documents specifically to your financial situation and family dynamics.
• Compliance and Validity: Ensuring all documents meet Florida’s statutory requirements to avoid disputes.
• Tax Efficiency: Offering guidance on reducing estate and gift taxes, protecting more wealth for your beneficiaries.

Estate Planning Attorney FAQs

What happens in Florida if someone dies without a will?

If a Florida resident dies without a will, the estate is distributed under intestacy laws. These rules may send property to a spouse, children, or extended relatives, regardless of personal wishes. Our blog on Florida intestacy laws explains how assets are divided and why planning ahead is critical.

How often should I update my estate plan in Florida?

Estate plans should generally be reviewed every three to five years, or sooner after major life events like marriage, divorce, or the birth of a child. Regular updates ensure documents comply with Florida law and reflect current wishes. Our guide on how often to update your estate plan outlines key triggers for revisions.

Why is a durable power of attorney important in Florida estate planning?

A durable power of attorney allows a trusted person to manage your financial and legal affairs if you become incapacitated. Without one, your family may need to seek court-appointed guardianship, which can be costly and stressful. Learn more about why a durable power of attorney is essential in our Florida-focused blog.

How should snowbirds handle estate planning when they live in multiple states?

Snowbirds who split time between Florida and another state must coordinate estate plans carefully. Property in multiple states can lead to separate probate processes, and healthcare directives may not be recognized across state lines. Our article on estate planning for snowbirds explains how to manage multi-state property and residency issues.

What are the legal requirements for a Florida living will?

A Florida living will must be signed and witnessed by two adults, with one witness not being a spouse or blood relative. The document should clearly outline preferences for end-of-life care, including the use of life-prolonging treatment. To understand the details, read our blog on Florida living wills and healthcare surrogates.

What role does a healthcare surrogate play in Florida?

A healthcare surrogate is someone you appoint to make medical decisions if you are unable to do so yourself. Florida law requires specific steps to make this designation valid, including proper execution and witnesses. This ensures your wishes are respected during medical emergencies.

How can estate planning reduce family disputes?

Clear estate planning documents reduce uncertainty, making it harder for relatives to argue about property distribution or medical choices. Wills, trusts, and healthcare directives provide legally binding guidance that prevents costly disagreements. Regular reviews further minimize risk of conflict.

Do estate planning documents created in another state work in Florida?

Documents drafted elsewhere may not fully comply with Florida statutes, especially for powers of attorney and healthcare directives. While some may still be valid, updating them after moving is recommended. This ensures compliance and avoids challenges during probate.

How does estate planning protect minor children?

Without proper planning, courts may appoint a guardian to manage assets for children until adulthood. A trust can be created to manage property and provide financial support under specific terms. This prevents funds from being mismanaged and ensures children are cared for.

Why should I work with a Florida estate planning attorney instead of using online forms?

Online templates often lack the state-specific language Florida requires for enforceability. An attorney ensures all documents comply with current laws and reflect your unique goals. This reduces the risk of invalid documents and future disputes.