Estate Planning Attorney in Port St. Lucie, FL

Quick Answers on Port St. Lucie 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).
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. Assets in the will must still go through 19th Judicial Circuit administration.
Out-of-state powers of attorney and healthcare documents may not be honored by Florida banks and providers. New PSL residents should execute Florida-form versions.
Florida homestead protection is unlimited by value for primary residences within the acreage limit (½ acre municipal, 160 acres rural).
Most complete estate plans are signed within two to three weeks of initial consultation. Most PSL plans are handled remotely.

Start Your Florida Estate Plan

Free 30-minute consultation. We walk Port St. Lucie residents through the documents they need and the Florida-specific issues most plans miss. Most work handled remotely.

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What does a complete Florida estate plan include?

Most Port St. Lucie 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 in multiple states, business interests, or significant non-retirement financial assets. Deeper coverage on our Port St. Lucie trust creation page.
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.

What makes Florida estate planning different from other states?

Three things set Florida apart, and they all affect how a plan gets drafted, especially for Port St. Lucie clients who relocated from northern states.

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. For retirees relocating from high-tax states like New York, New Jersey, Connecticut, Massachusetts, or Pennsylvania (common among PSL retirees), establishing Florida domicile is often the single biggest estate planning move.

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). Other states cap homestead at a fixed dollar amount. Florida's protection is unlimited by value, which is one reason wealth flows to Florida from other states.

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. Plans drafted in states without an elective share regime often need restructuring when a client establishes Florida residency.

Will vs. revocable living trust: which one do you need?

A will handles most modest estates adequately. A revocable living trust adds a layer of cost during planning but produces meaningful benefits for larger or more complex estates.

Feature	Will only	Revocable Living Trust
Goes through probate?	Yes, full court-supervised administration in St. Lucie County's 19th Judicial Circuit	No, assets in the trust skip probate entirely
Privacy	Public record at the St. Lucie 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

For deeper trust drafting and funding work, see our Port St. Lucie trust creation page. For our general comparison: why Florida residents are choosing living trusts over wills.

Relocating to Port St. Lucie or updating an old plan?

Free initial consultation. We review your existing documents, identify Florida-specific gaps, and quote flat fees for any rework. Most reviews and updates 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.
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. Complex tax-driven matters may use alternative billing arrangements.

What most people miss

Port St. Lucie has one of the highest concentrations of retirees and snowbirds in Florida, drawing significant population from New York, New Jersey, Connecticut, Pennsylvania, and Massachusetts. For these clients, the biggest estate planning issue isn't the documents themselves: it's establishing Florida residency in a way that holds up to scrutiny from the prior state's tax authority.

New York, New Jersey, Massachusetts, California, and Illinois all have aggressive residency audit teams that target former residents who claim Florida domicile but maintain ongoing ties to the old state. What actually works: filing a Florida Declaration of Domicile with the St. Lucie County Clerk, voting in Florida, getting a Florida driver's license, registering vehicles in Florida, switching to a Florida-form will and POA, moving primary banking and brokerage to Florida-based institutions, and spending more than half the year in Florida. The documents reinforce the move, but they don't substitute for actually living here. Plans built on shaky residency get pulled apart in audits, often years after the relocation when the original tax authority discovers the move.

What happens if a Port St. Lucie 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. This catches blended families constantly. Full breakdown in our guide to Florida intestacy laws.

If estate planning fails, the estate goes through Port St. Lucie probate administration under court supervision rather than direct distribution.

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 volunteers with the Mission United Veterans Pro-Bono Legal Project and the Jewish Federation of South Palm Beach County. 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 75 to 90 minutes south of Port St. Lucie:

West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401 (closest to Port St. Lucie)
Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432

Most Port St. Lucie estate planning happens remotely. Initial consultations and document review are by phone or video. Drafting is handled by counsel. Final document signing happens via remote online notarization (RON) or in-person at our West Palm Beach office, whichever the client prefers.

Estate planning integrates with the firm's trust creation, probate, and asset protection practices for PSL clients.

Frequently Asked Questions

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). This is one of the primary reasons retirees relocate to Florida.

Do I need a will or a trust in Port St. Lucie?

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. Trusts add cost during planning but save substantially on probate at death. The breakeven is typically around $500,000 in non-retirement assets, but blended families and multi-state property change the math significantly.

What happens if I move to Florida and have an out-of-state estate plan?

Your will is probably still valid (Florida recognizes wills executed under the law of the state where signed), 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 often should I update my Port St. Lucie estate plan?

Every three to five years, and immediately after any major life event: marriage, divorce, birth of a child, death of a beneficiary, significant change in assets, or a move between states. More on timing in our article on how often you should update your Florida estate plan.

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. Pre-marital and post-marital agreements can waive the elective share but require specific formalities.

What happens if I die without a will in Port St. Lucie?

The estate is distributed under Florida's intestacy statute, Chapter 732. The order is fixed: spouse first, then descendants, then more distant relatives. Unmarried partners and stepchildren who weren't legally adopted receive nothing under intestacy. The estate goes through probate administration in the 19th Judicial Circuit under court supervision.

How long does it take to set up a Port St. Lucie estate plan?

For most clients, two to three weeks from initial consultation to fully signed documents. Complex estates with business succession or multi-state assets can take longer. Funding the trust (retitling assets) typically continues for several months after the documents are signed.

Can a Port St. Lucie 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 in Florida for most estate planning documents. PSL clients can also opt for in-person signing at our West Palm Beach office.

Schedule Your Estate Planning Consultation

Free 30-minute consultation with a Florida estate planning attorney. We serve Port St. Lucie, St. Lucie County, and snowbirds establishing Florida residency from out of state.

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Address

370 Camino Gardens Blvd.
Suite #301
Boca Raton, FL 33432

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Phone

(561) 672-1161

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Toll Free

1 (877) 871-8300

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Fax

1 (877) 838-2912