Estate Planning Attorney in Davie, FL
Quick Answers on Davie Estate Planning
- Florida has no state estate tax and no state income tax. Plans here only address federal estate tax (applying above a multi-million-dollar federal exemption per person).
- Davie estate matters route to the 17th Judicial Circuit Court in Broward County.
- A will from another state is generally valid in Florida, but homestead, elective share, and POA provisions usually need updating after relocation.
- Florida's elective share (Statute 732.2065) guarantees a surviving spouse 30% of the elective estate. A spouse cannot be fully disinherited.
- A revocable living trust avoids probate. A will alone does not.
- Florida homestead protection is unlimited by value for primary residences within the acreage limit (½ acre municipal, 160 acres rural). The acreage limit matters for Davie's larger equestrian properties.
- Most Davie estate planning work is handled remotely from our South Florida offices, with in-person options at our Boca Raton office (~40 minutes north).
Start Your Florida Estate Plan
Free 30-minute consultation. We walk Davie residents through the documents they need and the Florida-specific issues most plans miss.
What does a complete Florida estate plan include?
Most Davie clients work with us on the same seven-document package, customized to their family and asset situation:
- Last Will and Testament. Names beneficiaries, appoints a personal representative (Florida's term for executor), and designates guardians for minor children.
- Revocable Living Trust. Holds titled assets outside of probate and directs their distribution. Most useful when the estate includes real estate, business interests, or significant non-retirement financial assets.
- Pour-Over Will. Works alongside a trust to catch any assets that weren't retitled into the trust during life.
- Durable Power of Attorney. Authorizes someone to handle finances if you become incapacitated. Florida law requires specific formalities. See our breakdown on why a durable POA matters in Florida.
- Designation of Healthcare Surrogate. Names who makes medical decisions if you can't. Florida separates this from the financial POA.
- Living Will. Specifies preferences for end-of-life care.
- HIPAA Authorization. Allows designated people to access your medical information.
Davie client profiles
Davie's distinctive mix creates several estate planning client profiles different from typical Broward County geographies.
Equestrian property owners. Davie is unusual within South Florida for its concentration of horse properties, equestrian communities, and Western-themed lifestyle infrastructure. Properties on larger lots with stables, paddocks, and barn structures need estate planning that addresses the equestrian operation alongside the real estate (similar structural considerations to Ocala on a smaller scale).
NSU faculty and university staff. Nova Southeastern University and Broward College Davie campus employ significant faculty and professional staff. Estate planning here often involves coordinated retirement account beneficiary planning (403(b) accounts, university-affiliated retirement programs) plus standard family and asset planning.
Working professional families. Davie has a substantial working-age population in professional roles. Estate planning here typically focuses on minor children (guardianship designations, education planning), early-to-mid-career asset accumulation, and life insurance integration.
Multi-generational households. Like several other Broward communities, Davie has significant concentration of multi-generational households where adult children live with or near parents. Asset coordination across multiple adult family members requires specific structural attention.
Small business owners. Davie has a substantial small business sector, often family-run. Business ownership transfer through trusts is generally cleaner than through probate.
What makes Florida estate planning different from other states?
Three things set Florida apart, and they all affect how a plan gets drafted.
No state estate tax, no state income tax. Florida is one of the most tax-friendly states in the country for estate purposes. Estates only face federal estate tax, and only on amounts above the federal exemption.
Unlimited homestead protection. Florida's constitutional homestead shields your primary residence from most creditors with no dollar cap, only an acreage limit (half an acre inside municipal boundaries, 160 acres outside). For Davie's larger equestrian properties, the acreage limit matters in ways it doesn't for typical residential lots.
A mandatory 30% elective share for surviving spouses. Under Florida Statute 732.2065, a spouse cannot be fully disinherited. The elective share extends to an "expanded estate" that includes most non-probate transfers, not just probate assets.
Will vs. revocable living trust: which one do you need?
| Feature | Will only | Revocable Living Trust |
|---|---|---|
| Goes through probate? | Yes, full court-supervised administration in Broward's 17th Judicial Circuit | No, assets in the trust skip probate entirely |
| Privacy | Public record at the Broward County Clerk | Private, no public filing required |
| Out-of-state property | Each state requires its own probate (ancillary) | One trust covers all states |
| Cost to set up | Lower | Higher (drafting + funding) |
| Cost at death | Higher (probate fees scale with estate value) | Lower (private administration) |
| Speed of distribution | 6 to 12 months for uncontested formal administration | Weeks, not months |
| Best for | Estates under $500K, single-state assets, simple family | Estates over $500K, multi-state property, blended families, business interests, equestrian properties |
Our deeper comparison is in why Florida residents are choosing living trusts over wills.
Relocating to Davie or starting your first estate plan?
Free initial consultation. We review your situation and identify Florida-specific gaps. Most work handled remotely; in-person available at our Boca Raton office. Call (561) 672-1161 or submit through the contact form.
Florida estate plan: timeline and cost
| Plan complexity | Timeline | Typical scope |
|---|---|---|
| Simple plan | 1 to 2 weeks | Will, POA, healthcare surrogate, living will, HIPAA. |
| Standard revocable trust plan | 2 to 3 weeks | Revocable Living Trust, pour-over will, full ancillary documents, initial funding instructions. |
| Equestrian property plan | 3 to 6 weeks | Estate plan plus land trust and LLC structures for horse properties. |
| Complex multi-state plan | 4 to 8 weeks | Multi-state property, blended family, business succession. |
| High-net-worth / tax-driven plan | 2 to 6 months | Federal estate tax planning, ILITs, QPRTs, GRATs, advanced trust structures. |
Routine estate planning work is handled on a flat-fee basis with cost certainty disclosed before engagement.
Davie's equestrian property profile is unusual within Broward County and creates estate planning considerations that don't apply to typical South Florida residential properties. Horse properties on larger lots (one to ten acres is common in Davie) often combine a primary residence, stables, paddocks, riding rings, hay storage, and sometimes a separate caretaker dwelling.
Three specific considerations matter. First, Florida homestead's acreage limit. Inside municipal boundaries, homestead protection caps at half an acre. A Davie horse property exceeding that limit may have its homestead protection apply only to the residential portion, leaving the surrounding equestrian acreage with different creditor and tax exposure. Second, operating equestrian businesses. If the property hosts boarding, training, or breeding operations, that's a business activity with separate liability, insurance, and tax considerations. Trust documents that don't address the operating side leave gaps. Third, Florida land trusts under Statute 689.071 are useful for the larger equestrian properties to coordinate privacy of ownership with LLC operating structures, similar to the structural approach common in Ocala. We coordinate these layered structures during planning rather than discovering them at probate. For Davie equestrian property owners, a standard residential estate plan often leaves significant gaps that proper planning addresses up front.
What happens if a Davie resident dies without an estate plan?
Intestacy. Florida Statute 732 governs how the estate gets distributed, and the order is fixed:
- Spouse and no descendants: entire estate to spouse
- Spouse and descendants, all common to both: entire estate to spouse
- Spouse and decedent's descendants from a prior relationship: 50% to spouse, 50% to descendants
- Descendants but no spouse: entire estate to descendants per stirpes
- No spouse or descendants: parents, then siblings, then more distant relatives
Unmarried partners and stepchildren who weren't legally adopted receive nothing under intestacy. Full breakdown in our guide to Florida intestacy laws.
Why work with Kelley, Grant & Tanis, P.A.
Brett Halperin leads the firm's estate planning, probate, trust administration, elder law, and asset protection 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 has two offices in South Florida, with the Boca Raton office approximately 40 minutes north of Davie:
- Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432 (closest to Davie)
- West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401
Davie clients can choose between in-person meetings at our Boca Raton office or remote consultations by phone and video. Final document signing can happen in-office or via remote online notarization (RON).
Estate planning integrates with the firm's trust creation, probate, asset protection, and association law practices.
Frequently Asked Questions
Where are Davie estate matters heard if they go to court?
Davie is in Broward County, which is Florida's 17th Judicial Circuit. Probate and estate matters are heard through the Broward County Courthouse system in Fort Lauderdale.
Does Florida have an estate tax?
No. Florida has no state estate tax and no state inheritance tax. Estates only face federal estate tax, and only on amounts above the federal exemption (currently in the multi-million-dollar range per person).
Do I need a will or a trust in Davie?
Every Florida resident with assets or minor children should have at least a will. Whether you also need a revocable living trust depends on estate size, asset complexity, and whether you own property in multiple states. Davie equestrian property owners typically benefit from trust structures combined with proper land trust and LLC ownership of larger horse properties.
How are Davie equestrian properties structured for estate planning?
Larger Davie horse properties often benefit from a coordinated structure: a Florida land trust under Statute 689.071 to hold the underlying real estate (providing privacy and simplified beneficial interest transfer), an LLC to operate any boarding, training, or breeding business (providing liability separation), and a revocable living trust to hold the LLC interests and other personal assets. Smaller residential equestrian properties may use simpler structures.
What happens if I move to Florida and have an out-of-state estate plan?
Your will is probably still valid, but it may not capture Florida's homestead rules, elective share, or tax advantages. Your revocable trust still holds your assets but may need provisions updated. Your healthcare documents should be replaced with Florida-form versions. A new resident review typically takes one to two weeks.
What is Florida's elective share for surviving spouses?
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.
How does Florida homestead protect Davie equestrian properties?
Florida's constitutional homestead protection applies to the primary residence on up to half an acre inside municipal boundaries (160 acres outside). For Davie horse properties exceeding the municipal half-acre limit, only the residential portion within the limit is fully protected as homestead. The remaining acreage requires different structuring (often through LLCs and land trusts) to address liability and creditor exposure.
Can a Davie estate plan be done remotely?
Yes. Most consultations, document reviews, and revisions can be handled remotely. Final document signing in Florida requires specific witness and notary formalities, but remote online notarization (RON) is now available for most estate planning documents. Davie clients can also opt for in-person meetings at our Boca Raton office.
Schedule Your Estate Planning Consultation
Free 30-minute consultation with a Florida estate planning attorney. We serve Davie residents including equestrian property owners, NSU faculty, working families, and small business owners. Most work handled remotely.
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