Estate Planning Attorney in Palm Bay, FL
Quick Answers on Palm Bay Estate Planning
- Palm Bay estate matters route to the 18th Judicial Circuit Court in Brevard County. The probate division operates from the Moore Justice Center at 2825 Judge Fran Jamieson Way, Viera.
- Florida has no state estate tax or inheritance tax. Estates only face federal estate tax above the federal exemption (currently multi-million dollars per person).
- Florida's unlimited homestead protection applies in Palm Bay just as it does anywhere else in the state. No dollar cap, only an acreage limit.
- Florida Statute 732.2065 guarantees a surviving spouse 30% of the elective estate. A spouse cannot be fully disinherited in Florida.
- Aerospace and defense workforce considerations include security clearance implications for digital asset access, deferred compensation, employee stock plans, and TSP coordination for federal employees.
- Military retirees and veterans represent a substantial Palm Bay client base, requiring coordination of VA benefits, military retirement, and Survivor Benefit Plan elections.
- Most Palm Bay estate planning work is handled remotely from our South Florida offices, with remote online notarization (RON) available for document signing.
Build Your Palm Bay Estate Plan
Free 30-minute consultation. We draft wills, revocable living trusts, powers of attorney, and healthcare directives for Palm Bay aerospace and defense professionals, military retirees, working families, and coastal property owners. Most work handled remotely.
Florida estate planning fundamentals
Estate planning law is a state law domain. Florida's framework applies identically to a Palm Bay resident, a Boca Raton resident, or a Tallahassee 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.
Palm Bay estate planning profiles
Palm Bay's resident profile creates several distinct estate planning scenarios.
Aerospace and defense professionals. Palm Bay is part of Florida's Space Coast, with substantial workforce at Kennedy Space Center, Cape Canaveral Space Force Station, Patrick Space Force Base, L3Harris, Northrop Grumman, Boeing, SpaceX, and other aerospace and defense employers. Estate planning for this workforce typically involves coordination of employee stock plans, deferred compensation, restricted stock units, retirement accounts (including federal TSP for government employees), and the security-clearance implications of who has access to which digital and physical assets.
Military retirees and veterans. Brevard County has one of Florida's larger retired military and veteran populations, given proximity to multiple military installations and the historical aerospace workforce. Estate planning needs to coordinate VA benefits, military retirement income, Survivor Benefit Plan elections, and (for newer veterans) blended retirement system considerations alongside the civilian estate plan.
Working families with minor children. Palm Bay has a substantial working-age family population. Basic estate planning is non-negotiable: wills with named guardians for minor children, life insurance with properly-designated beneficiaries, and coordinated retirement-account beneficiary planning.
Coastal and waterfront property owners. Palm Bay has substantial frontage along the Indian River Lagoon, with coastal property carrying specific considerations around hurricane and flooding exposure, insurance coordination, and long-term capital gains and basis treatment of significantly-appreciated properties.
Out-of-state retirees and pre-retirees. Palm Bay attracts retirees and pre-retirees from the Midwest and Northeast. Their original estate plans almost always need updating for Florida law, particularly powers of attorney and healthcare documents.
Documents in a Florida estate plan
| Document | What it does | When needed |
|---|---|---|
| Last Will and Testament | Directs distribution of probate assets, names personal representative and guardians for minor children | Every Florida resident with assets or minor children |
| Revocable Living Trust | Avoids probate, maintains privacy, manages assets during incapacity | Estates over roughly $500,000 in non-retirement assets, multi-state property holdings, or privacy concerns |
| Durable Power of Attorney | Authorizes financial decisions during incapacity | Every adult; Florida banks often reject non-Florida POAs |
| Healthcare Surrogate Designation | Authorizes medical decisions during incapacity | Every adult; Florida-specific form recommended |
| Living Will | Documents end-of-life medical preferences | Every adult with specific preferences |
| HIPAA Authorization | Grants medical information access to designated individuals | Every adult; works alongside healthcare surrogate |
| Employee Stock and Deferred Compensation Coordination | Aligns RSUs, ESPP, deferred comp, and TSP designations with the estate plan | Aerospace, defense, and federal employees with significant equity or deferred comp |
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.
Ready to start your Palm Bay estate plan?
Free initial consultation by phone or video. Document drafting, review, and signing all handled remotely. Call (561) 672-1161 or submit through the contact form.
The biggest estate planning mistakes Palm Bay residents make
Skipping coordination on employer-provided assets. Aerospace and defense employers offer significant equity compensation, deferred compensation, and retirement plan benefits that pass outside the will via beneficiary designations. When these designations conflict with the estate plan or with current family circumstances, the designations control regardless of intent. Annual review at the same time as benefits enrollment is the lowest-effort way to keep them aligned.
Outdated Survivor Benefit Plan elections. Military retirees often have SBP elections made years or decades ago. The original election may no longer reflect current spouse, beneficiary, or family circumstances. SBP elections operate independently from the rest of the estate plan, and changes are subject to strict election windows.
Not coordinating VA benefits with the broader plan. VA disability compensation, pension benefits, and aid-and-attendance benefits each have specific eligibility, beneficiary, and continuation rules that need integration with the civilian estate plan and any long-term care planning.
Keeping an out-of-state estate plan after moving to Florida. An out-of-state will is usually still valid in Florida, but rarely captures Florida's homestead rules, elective share, or tax advantages. Powers of attorney drafted in other states are frequently rejected by Florida banks. Healthcare documents drafted under another state's law often need replacement with Florida-form versions.
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), the designation controls regardless of intent.
Palm Bay's aerospace and defense workforce faces a digital-and-clearance asset coordination challenge that most generic estate plans skip: who has authority to access encrypted, security-classified, or otherwise restricted digital assets, and what happens to employer-provided equity at death.
Aerospace and defense employees frequently have employer-issued laptops, encrypted personal devices used for work, classified communication tools, two-factor authentication tied to physical tokens, and personal accounts protected by company-grade security. The estate plan should address (without compromising security or clearance requirements) who has authority to coordinate with the employer for return of company property, transition of accounts, and access to the personal portions of digital assets. Separately, employer-provided equity, deferred compensation, restricted stock units, and ESPP holdings often have specific vesting, transfer, and beneficiary rules that operate independently from the will. RSUs may have post-vest holding requirements. ESPP shares may have specific sell-or-hold mechanics at death. Deferred compensation may pay out on a schedule rather than as a lump sum. Federal TSP designations are governed by separate beneficiary rules from probate. The right approach is to inventory employer-provided benefits and digital assets at the time of estate plan drafting, coordinate beneficiary designations across all employer plans, and provide explicit authority and contact information for the personal representative to work with the employer's HR and benefits team during transition. This is straightforward to do in advance and very difficult to handle reactively.
Florida residency and the 18th Judicial Circuit
Palm Bay falls within Florida's 18th Judicial Circuit, which covers Seminole and Brevard counties. Probate and estate-related litigation involving Palm Bay residents is filed with the Brevard County Clerk of Court, with the probate division operating from the Moore Justice Center at 2825 Judge Fran Jamieson Way, Viera. The Harry T. and Harriette V. Moore Justice Center is the primary Brevard County civil and probate courthouse.
For Palm Bay residents who relocated from another state, establishing Florida domicile involves filing a Florida Declaration of Domicile with the Brevard County Clerk, getting a Florida driver's license, registering to vote in Florida, registering vehicles in Florida, moving primary banking to Florida-based institutions, and spending more than half the year in Florida.
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 2.5 to 3 hours south of Palm Bay:
- 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 Palm Bay 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. Palm Bay 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
Where are Palm Bay estate matters heard if they go to court?
Palm Bay is in Brevard County, which is part of Florida's 18th Judicial Circuit (also covering Seminole County). Matters are filed with the Brevard County Clerk of Court and heard at the Moore Justice Center, 2825 Judge Fran Jamieson Way, Viera.
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 Palm Bay?
Every Florida resident with assets or minor children should have at least a will. Whether a revocable living trust also makes sense 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.
How should aerospace and defense employees coordinate equity compensation with their estate plan?
Employer-provided equity (RSUs, ESPP, stock options), deferred compensation, and retirement accounts pass outside the will via beneficiary designations or plan-specific rules. RSUs may have post-vest holding requirements. ESPP shares may have specific sell-or-hold mechanics at death. Deferred compensation may pay out on a schedule. Federal TSP has separate beneficiary rules. Annual review alongside benefits enrollment keeps these designations aligned with the estate plan and current family circumstances.
How are military Survivor Benefit Plan elections handled in estate planning?
SBP elections are made independently from the estate plan and are subject to strict election windows. The original election may no longer reflect current spouse, beneficiary, or family circumstances. Coordination between SBP, the civilian estate plan, and any spousal-protection planning is essential. Election changes are limited, so existing elections should be reviewed even when other estate plan updates are being made.
What happens if I move to Florida with an out-of-state estate plan?
The will is usually still valid, but rarely captures Florida's homestead rules, elective share, or tax advantages. The revocable trust still holds assets but may need provisions updated for Florida law. The financial power of attorney is frequently rejected by Florida banks. Healthcare documents should be replaced with Florida-form versions. A full review and update is the standard recommendation.
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.
Can a Palm Bay estate plan be done remotely?
Yes. Most consultations, document reviews, and revisions are 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.
Build Your Palm Bay Estate Plan
Free 30-minute consultation. We serve Palm Bay aerospace and defense professionals, military retirees, working families, and coastal property owners. Most planning handled remotely.
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