Estate Planning Attorney in Largo, FL

Florida estate planning fundamentals

Estate planning law is a state law domain. Florida's framework applies identically to a Largo resident, a Tampa resident, or a Miami 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.

Largo estate planning profiles

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

Retirees and seniors. Pinellas County has one of the highest retiree concentrations in Florida, and Largo sits at the heart of it. Estate planning for retirees often integrates with long-term care planning, Medicaid eligibility coordination, healthcare surrogate designations, and trust structures designed to preserve assets through extended-care scenarios.

Snowbirds and seasonal residents. Largo and the broader Pinellas County coastline attract significant winter residents from the Midwest and Northeast. Many maintain a primary residence elsewhere and a Florida home for winter use. Establishing Florida domicile (versus continuing residency in the higher-tax origin state) is often the highest-leverage planning move available.

Medical professionals. Largo Medical Center, HCA Florida Largo Hospital, and surrounding medical practices employ significant physician, nursing, and clinical staff. Medical professional estate plans frequently integrate retirement accounts (403(b), 457, IRA), professional malpractice exposure, and asset protection considerations alongside the standard estate planning components.

Working professional families. Beyond retiree and medical segments, Largo has a substantial working professional population. Estate planning here typically addresses wills, powers of attorney, healthcare directives, and guardianship designations for minor children, with attention to standard household-level estate planning needs.

Long-term Florida residents. Many Largo households have lived in Florida for decades. Their estate plans often date back to a different era of family circumstances and Florida law. Periodic review and update is the standard recommendation, particularly after life events (marriage, divorce, deaths in the family, retirement, significant changes in net worth).

Documents in a Florida estate plan

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

The biggest estate planning mistakes Largo residents make

Waiting until long-term care is imminent to start Medicaid planning. Florida Medicaid uses a 5-year "lookback" period for asset transfers when evaluating long-term care benefit eligibility. Transfers made within the lookback can trigger a disqualification period. Planning works best when started years before benefits are needed; emergency planning has fewer effective options.

Keeping an out-of-state estate plan after moving to Florida. A will drafted in Ohio, Michigan, New York, or 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.

Outdated healthcare documents. For retirees, the healthcare surrogate designation and living will are often the most consequential documents in the plan. Out-of-date documents (or worse, no documents) can leave family members without clear authority during a medical emergency or end-of-life decision.

Misaligned beneficiary designations. Retirement accounts, life insurance, annuities, 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. For retirees, designations made decades ago often no longer reflect current family circumstances.

Treating a revocable living trust as set-and-forget. A trust only works if assets are titled into it. Many Largo 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.

Florida residency and the 6th Judicial Circuit

Largo falls within Florida's 6th Judicial Circuit, which covers Pinellas and Pasco counties. Probate and estate-related litigation involving Largo residents is filed with the Pinellas County Clerk of Court, with the probate division operating from the Pinellas County Courthouse at 315 Court St., Clearwater.

For residents who recently moved to Largo from 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 Pinellas County Clerk, getting a Florida driver's license, registering to vote in Florida, registering vehicles in Florida, and treating Florida as the primary residence for tax and legal purposes.

For Largo snowbirds who continue to maintain a 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's two offices are in South Florida, approximately 4 hours southeast of Largo:

• 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 Largo 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. Largo clients who prefer in-person meetings can travel to either South Florida office, though for the vast majority of clients the remote workflow is faster and more convenient.

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

Frequently Asked Questions