Estate Planning Attorney in West Palm Beach, FL

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. Estates only face federal estate tax, and only on amounts above the federal exemption (currently in the multi-million-dollar range per person). For retirees relocating from high-tax states like New York, New Jersey, or Massachusetts, 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.

A mandatory 30% elective share for surviving spouses. Under Florida Statute 732.2065, a spouse cannot be fully disinherited. Plans drafted in states without an elective share regime often need restructuring when a client establishes Florida residency.

For snowbirds balancing Florida residency with ties to another state, our guide on estate planning for Florida snowbirds covers the residency establishment steps in depth.

Which documents does a complete Florida estate plan include?

A complete Florida estate plan typically contains seven documents:

• 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.
• 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 estate planning.
• 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.

Clients with significant assets also need to think carefully about which assets should and shouldn't go into a Florida trust, beneficiary designations for retirement accounts (which pass outside of both the will and trust), and funding instructions that actually transfer assets into the trust once it exists.

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.

Our deeper comparison is in why Florida residents are choosing living trusts over wills. Setting up the trust is only half the job. Assets have to be retitled, a step many DIY plans miss. We walk through this in how to fund a Florida trust. Trustee selection also matters; see our guide to naming a trustee in Florida.

How does probate work in Palm Beach County?

Palm Beach County probate cases are filed with the Palm Beach County Clerk of the Circuit Court & Comptroller and heard in the 15th Judicial Circuit Probate Division. Most hearings happen at the Main Courthouse at 205 N. Dixie Highway in downtown West Palm Beach.

Florida offers two administration paths: formal administration (6 to 12 months for uncontested estates) and summary administration (typically 4 to 8 weeks, available when the non-exempt estate is under $75,000 or the decedent has been dead more than two years). Our full guide on summary administration in Florida walks through qualification.

For families about to begin, our overview of how to start the probate process in Florida walks through the first 30 days. For out-of-state heirs, our guide on how out-of-state heirs can navigate a Florida probate case covers the qualifying-relative rules under Florida Statute 733.304.

How do I protect assets from lawsuits and creditors under Florida law?

Florida is one of the most debtor-friendly states in the country. Five protections matter most.

• Homestead. Your primary residence is protected from most creditors with no dollar limit, subject only to acreage restrictions. This alone draws significant wealth to Florida.
• Tenancy by the entireties. Property owned jointly by a married couple is protected from creditors of either individual spouse. Florida recognizes this for real estate, bank accounts, and investment accounts.
• Head of household wage protection. Wages of a head of household are protected from garnishment under Florida Statute 222.11.
• Retirement accounts. IRAs, 401(k)s, and qualified annuities receive strong creditor protection under Florida law.
• Structured entity and trust planning. Floridians frequently use LLCs and trusts structured for asset protection. We cover the framework in trusts vs LLCs in Florida and using Florida LLCs and trusts to protect business and personal assets.

For inherited assets specifically, protecting inherited property in Florida from divorce or lawsuits covers the structures that keep inheritances separate.

What happens to my out-of-state estate plan when I move to Florida?

Some documents still work, some don't.

Your will is probably valid. Florida recognizes wills executed under the law of the state where they were signed. A New York will with proper witnesses remains valid in Florida probate. But validity and fitness are different things. A plan drafted under New York law may not capture Florida's homestead rules, elective share, or tax advantages.

Your revocable trust still holds your assets, but may need updating. Trust provisions governing homestead, creditor protection, or state tax planning may no longer apply correctly. The trust doesn't need to be recreated. It needs review.

Your financial power of attorney may not be accepted. Florida banks and financial institutions sometimes refuse out-of-state POAs even when they're technically valid. New Florida residents should execute a Florida-form POA as a safeguard.

Your healthcare documents should be replaced. Florida providers act more readily on Florida-form healthcare surrogate designations and living wills.

You may benefit from filing a Florida Declaration of Domicile with the Palm Beach County Clerk, useful as documentary evidence if your old state's tax authority contests your residency.

Plans need periodic review even after a move. See how often you should update your Florida estate plan.

How does estate planning work for Palm Beach County business owners?

Business owners face three issues wills alone can't handle.

Succession. A buy-sell agreement among owners, with a funding mechanism (usually life insurance), prevents disputes and funds the buyout. Without one, a surviving spouse may inherit an active role they can't or don't want to perform.

Liability separation. Personal assets need to be walled off from business creditors. LLCs, management trusts, and proper formalities are the core tools. Our breakdown of trusts vs LLCs in Florida addresses the choice.

Professional practice concerns. Physicians, dentists, and other licensed professionals face malpractice exposure their LLC alone doesn't solve. We cover the framework in our guide for Florida doctors, dentists, and professionals on asset protection.

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. Our attorneys work directly with clients. You're not handed off to paralegals after the intake call. Full bios are on our attorneys page.

The firm has two offices in South Florida:

• 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

Estate planning integrates with the firm's real estate, title insurance, and association law practices, relevant for clients with investment property, HOA disputes, or ongoing real estate holdings in their estates.

Frequently Asked Questions