Estate Planning Attorney in Tallahassee, FL

Florida estate planning fundamentals

Estate planning law is a state law domain. Florida's framework applies identically to a Tallahassee resident, a Boca Raton resident, or a Pensacola 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 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.

Tallahassee estate planning profiles

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

Florida Retirement System retirees. Tallahassee has one of Florida's largest concentrations of FRS Pension Plan and Investment Plan participants. Estate planning for FRS retirees involves specific beneficiary coordination for ongoing pension income, survivor benefits, and any accumulated DROP (Deferred Retirement Option Program) balances. The beneficiary designations on FRS accounts often need explicit coordination with the broader estate plan, particularly for retirees who remarried or whose family circumstances have changed.

University faculty and staff. Florida State University, Florida A&M University, and Tallahassee Community College employ significant academic and administrative staff. University retirement plans (including 403(b) and 457 deferred compensation), tenure-related considerations, and intellectual property rights require specific estate plan coordination.

State agency professionals and former state employees. Many Tallahassee residents have spent careers in Florida state government, with retirement benefits, deferred compensation, and ongoing post-employment income that needs estate plan integration. Some maintain residence in Tallahassee through retirement; others relocate within Florida or out of state.

Out-of-state transplants. A substantial portion of Tallahassee's professional population originally came from other states for university or government positions. Their original out-of-state estate plans rarely account for Florida's homestead, elective share, or tax framework, and almost always need revisiting once the move to Florida is permanent.

Retired military. North Florida has a meaningful retired military population with VA benefits, military retirement income, and Survivor Benefit Plan considerations that need integration with the civilian estate plan.

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 Tallahassee residents make

Keeping an out-of-state estate plan after moving to Florida. A will drafted in Georgia, Virginia, 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.

Misaligned beneficiary designations. FRS accounts, 403(b) and 457 plans, life insurance, and IRA beneficiaries 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. Reviewing them on every life event is essential.

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

Ignoring Florida domicile establishment. Florida's tax and asset protection advantages apply only to bona fide Florida residents. Out-of-state transplants who maintain their old state's driver's license, voter registration, or primary banking can face residency challenges from their former state's department of revenue.

Not updating after major life events. Marriage, divorce, birth of children or grandchildren, retirement, and property purchases all warrant estate plan review. Tallahassee residents in long state government careers often have plans drafted decades ago that no longer reflect current circumstances.

Florida residency and the 2nd Judicial Circuit

Tallahassee falls within Florida's 2nd Judicial Circuit, which also covers Franklin, Gadsden, Jefferson, Liberty, and Wakulla counties. Probate and estate-related litigation involving Tallahassee residents is filed with the Leon County Clerk of Court and heard at the Leon County Courthouse, 301 S. Monroe St., Tallahassee.

For residents who recently moved to Tallahassee 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 Leon 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 Tallahassee residents who maintain ties to other states (often the case for academic appointments or post-government consulting work), explicit attention to domicile documentation prevents later disputes over which state has taxing authority at death.

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 6 hours south of Tallahassee:

• 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 Tallahassee 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. Tallahassee 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