Estate Planning Attorney in Kissimmee, FL
Quick Answers on Kissimmee 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).
- Kissimmee estate matters route to the 9th Judicial Circuit Court at the Jon B. Morgan Osceola County Courthouse, 2 Courthouse Square, Kissimmee. The 9th Circuit covers Orange and Osceola counties.
- 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 revocable living trust avoids probate. A will alone does not.
- Out-of-state powers of attorney and healthcare documents may not be honored by Florida banks and providers.
- Florida homestead protection is unlimited by value for primary residences within the acreage limit (½ acre municipal, 160 acres rural).
- Most Kissimmee estate planning work is handled remotely from our South Florida offices.
Start Your Florida Estate Plan
Free 30-minute consultation. We walk Kissimmee residents through the documents they need and the Florida-specific issues most plans miss. Most work handled remotely.
What does a complete Florida estate plan include?
Most Kissimmee 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 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. Covered in detail in our guide to Florida living wills and healthcare surrogates.
- HIPAA Authorization. Allows designated people to access your medical information.
Kissimmee client profiles
Kissimmee's resident mix creates several distinct estate planning client profiles different from typical Florida geographies.
Working families. Kissimmee has a substantial working-age population employed in the theme park and tourism economy, plus growing professional sector. Estate planning here often focuses on minor children (guardianship designations, education planning), modest asset accumulation, and life insurance integration.
Vacation rental and short-term rental investors. The Orlando-area vacation rental market concentrates significant investment in Kissimmee, with many residential properties operating as Airbnb or VRBO rentals. Coordinating personal estate planning with rental property ownership through proper entity structures helps protect both the investor's other assets and the property itself.
Recent relocators from Puerto Rico and the northeast. Kissimmee has the largest concentration of Puerto Rican-origin residents in Florida. Many residents have ongoing family and asset ties to Puerto Rico, the northeast, or other origins. Coordinating multi-jurisdiction estate planning requires careful attention to which state's law applies to which assets.
Retirees and snowbirds. The Greater Orlando area draws significant retiree population. For relocators from high-tax northern states, Florida residency and updated documents capture meaningful advantages.
Vacation home owners. Many Kissimmee properties are second homes for out-of-state owners. Ancillary probate or trust planning addresses how Florida property passes to heirs.
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).
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 Osceola's 9th Judicial Circuit | No, assets in the trust skip probate entirely |
| Privacy | Public record at the Osceola 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, vacation rental investors |
Our deeper comparison is in why Florida residents are choosing living trusts over wills.
Relocating to Kissimmee or starting your first estate plan?
Free initial consultation. We review your situation and identify Florida-specific gaps. Most work handled remotely. 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. Single state, modest estate, no business interests. |
| Standard revocable trust plan | 2 to 3 weeks | Revocable Living Trust, pour-over will, full ancillary documents, initial funding instructions. |
| Vacation rental investor plan | 3 to 5 weeks | Personal estate plan plus rental property entity structuring (LLC, trust ownership). |
| Complex multi-state plan | 4 to 8 weeks | Multi-state property, blended family considerations, business succession, asset protection structuring. |
| High-net-worth / tax-driven plan | 2 to 6 months | Federal estate tax planning, ILITs, QPRTs, GRATs, advanced trust structures, coordination with tax counsel. |
Routine estate planning work is handled on a flat-fee basis with cost certainty disclosed before engagement.
Kissimmee has a significant short-term vacation rental market, with many Osceola County residential properties operating as Airbnb, VRBO, or similar rentals serving the Disney World and theme park visitor economy. For estate planning purposes, this creates considerations most generic plans skip.
A short-term rental property is fundamentally an operating business, not just a real estate asset. It generates rental income, employs cleaning and management staff (sometimes), maintains insurance, holds guest deposits, and creates customer liability exposure. When the owner dies, the rental business continues operating and the estate has to manage it. Plans that don't address this leave the personal representative scrambling: who has authority to receive rental income, pay management companies, respond to guest complaints, file the property's tax returns, and decide whether to continue or wind down operations? Proper structuring uses an LLC to operate the rental, with the LLC interests held in the revocable trust or with the estate-planning succession explicitly addressed. Single-member LLCs are also worth restructuring (multi-member LLCs provide stronger Florida creditor protection). The hours of work required to address this during estate planning is far less than what the family will spend untangling it later.
What happens if a Kissimmee 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, which gives the firm statewide standing to represent Florida clients in any judicial circuit. Full attorney bios on our attorneys page.
The firm's two offices are in South Florida, approximately three hours southeast of Kissimmee:
- West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401
- Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432
Most Kissimmee estate planning happens remotely. Initial consultations and document review are by phone or video. Drafting is handled by counsel. Final signing happens via remote online notarization (RON) or by mail. Kissimmee clients do not need to travel to South Florida for routine estate planning.
Estate planning integrates with the firm's trust creation, Orlando probate, and asset protection practices.
Frequently Asked Questions
Where are Kissimmee estate matters heard if they go to court?
Kissimmee is in Osceola County, which is part of Florida's 9th Judicial Circuit (also covering Orange County). Probate and estate matters are heard at the Jon B. Morgan Osceola County Courthouse, 2 Courthouse Square, Kissimmee. The Clerk of the Circuit Court is Kelvin Soto, Esq.
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 Kissimmee?
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. The breakeven is typically around $500,000 in non-retirement assets. Kissimmee vacation rental investors typically benefit from trust structures combined with proper LLC ownership of the rental property.
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 financial power of attorney may not be accepted by Florida banks. Your healthcare documents should be replaced with Florida-form versions. A new resident review typically takes one to two weeks.
How do Kissimmee vacation rental properties affect estate planning?
A short-term rental is an operating business, not just a real estate asset. Estate planning should address: how the personal representative or trustee gets authority to receive rental income and pay expenses, whether the property is held in an LLC (single-member or multi-member), how guest deposits and insurance are handled during the transition, and whether heirs want to continue operating or wind down. Proper structuring during life is significantly easier than untangling it after death.
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 long does it take to set up a Kissimmee estate plan?
For most clients, two to three weeks from initial consultation to fully signed documents. Vacation rental investors typically take three to five weeks because of the additional entity structuring work. Complex multi-state estates can take longer.
Can a Kissimmee 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. Kissimmee clients rarely need to travel to our South Florida offices.
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Free 30-minute consultation with a Florida estate planning attorney. We serve Kissimmee, Osceola County, vacation rental investors, and snowbirds establishing Florida residency. Most work handled remotely.
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