Estate Planning Attorney in Tamarac, FL
Quick Answers on Tamarac Estate Planning
- Tamarac estate matters route to the 17th Judicial Circuit Court in Broward County. The probate division operates from the Broward County Courthouse at 201 SE 6th St., Fort Lauderdale.
- 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 Tamarac 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.
- 55+ retirement communities are concentrated in Tamarac, with condo and HOA ownership patterns that need explicit estate plan coordination for assessment liability and community-specific transfer rules.
- Long-term care planning matters in Tamarac given the area's substantial retiree population. Medicaid eligibility planning typically requires action 5 years before benefits are needed (the "lookback" period).
- Most Tamarac estate planning work is handled remotely or in person at our nearby Boca Raton office.
Build Your Tamarac Estate Plan
Free 30-minute consultation. We draft wills, revocable living trusts, powers of attorney, healthcare directives, and Medicaid planning structures for Tamarac retirees, snowbirds, condo and HOA residents, and families relocating to Florida. In-person consultations available at our Boca Raton office.
Florida estate planning fundamentals
Estate planning law is a state law domain. Florida's framework applies identically to a Tamarac 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.
Tamarac estate planning profiles
Tamarac's resident profile creates several distinct estate planning scenarios.
55+ retirement community residents. Tamarac has one of Broward County's highest concentrations of 55+ active adult communities, including Kings Point and similar developments. Estate plans for residents need to address condo or HOA-specific transfer rules, ongoing assessment liability for heirs, and the specific quirks of age-restricted communities (which can affect who is permitted to inherit and reside in the unit).
Retirees from the Northeast. Tamarac has a substantial population of retirees who relocated from New York, New Jersey, Pennsylvania, and the broader Northeast over the past several decades. Their original estate plans often need updating for Florida law: homestead, elective share, durable powers of attorney that Florida banks will accept, and Florida-form healthcare directives.
Snowbirds and seasonal residents. Many Tamarac property owners split time between Florida and a northern primary residence. Establishing Florida domicile (rather than maintaining residency in a higher-tax origin state) is often the highest-leverage planning move available, and it requires explicit documentation beyond simply owning a Florida home.
Long-term care planners. Given Tamarac's older demographic, long-term care and Medicaid eligibility planning come up frequently. Florida's Medicaid lookback period is 5 years, meaning asset transfers within that window can be penalized in eligibility determinations. Planning works best when started well before care is needed.
Multi-generational households. Tamarac has meaningful populations of multi-generational households where adult children, sometimes with their own families, share housing with retired parents. Asset coordination across multiple generations in the same household needs explicit attention in the estate plan.
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 |
| Medicaid Asset Protection Trust | Protects assets from long-term care costs while preserving eligibility | Aging adults concerned about long-term care; 5-year lookback applies |
Our piece on estate planning for Florida snowbirds and multi-state residents covers the residency and domicile framework in detail.
Ready to start your Tamarac estate plan?
Free initial consultation in person at our Boca Raton office or by phone or video. Call (561) 672-1161 or submit through the contact form.
The biggest estate planning mistakes Tamarac residents make
Keeping an out-of-state estate plan after relocating. A New York or New Jersey 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.
Waiting too long to consider long-term care planning. Florida's Medicaid lookback is 5 years. Asset transfers made within that window can disqualify the transferor from Medicaid benefits or impose penalty periods. Effective Medicaid planning generally requires action well before care is needed. By the time long-term care is on the horizon, most planning options have closed.
Unfunded revocable living trusts. A trust only avoids probate for assets actually titled in the trust's name. Many Tamarac residents establish a trust but never re-title their condo, bank accounts, or investment accounts. Unfunded assets pass through probate regardless of the trust's existence.
Stale beneficiary designations. Retirement accounts, life insurance, annuities, and TOD/POD designations pass outside the will. When these designations conflict with current family circumstances (deceased spouse, deceased beneficiaries, estranged children, new grandchildren), the designation controls regardless of intent.
Ignoring condo and HOA-specific transfer rules. Many Tamarac 55+ communities have transfer restrictions, residency-age requirements for heirs, board approval requirements, and assessment liability that runs with the property. Estate plans that don't address these can leave heirs holding a unit they can't legally occupy or can't easily transfer.
Tamarac's substantial 55+ active adult community population creates a planning challenge that most generic Florida estate plans skip: the gap between "I have an estate plan" and "my heirs can actually inherit and use this property."
Age-restricted communities frequently require that residents be at least 55 years old (with some allowing one resident as young as 45 or 50 if another household member is 55+). When an owner passes and an adult child under the age threshold inherits, that heir may legally own the unit but be prohibited from residing in it. The heir's only practical options become: sell the unit, rent it out (subject to community rental restrictions, which can be tight), or hold it vacant until reaching the age threshold. Each option has tax, liquidity, and timing consequences that should be addressed in the estate plan rather than discovered after death. Similarly, condo and HOA documents often impose board approval requirements for inheritance, transfer fees that can be substantial, and assessment liability that becomes the heir's responsibility from the date of death forward. Best practice for Tamarac residents in age-restricted or heavily-governed communities is to: (1) confirm community rules during estate plan drafting, (2) coordinate intended heirs with community eligibility, (3) build in flexibility for the property (sale authority, rental authority, ability to retain or distribute proceeds), and (4) provide for ongoing assessment payment during any administration or transition period.
Florida residency and the 17th Judicial Circuit
Tamarac falls within Florida's 17th Judicial Circuit, which covers Broward County. Probate and estate-related litigation involving Tamarac residents is filed with the Broward County Clerk of Court, with the probate division operating from the Broward County Courthouse at 201 SE 6th St., Fort Lauderdale.
For Tamarac residents who relocated from another state, establishing Florida domicile involves filing a Florida Declaration of Domicile with the Broward 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.
For snowbirds who maintain a residence in the 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 maintains two offices in South Florida, both within reasonable driving distance of Tamarac:
- Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432 (closest to Tamarac, approximately 30 to 40 minutes north)
- West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401
Tamarac estate planning work is handled either in person at our Boca Raton office or remotely by phone, video, and remote online notarization (RON). Many Tamarac retirees prefer the remote workflow for the convenience; others prefer in-person consultations and document signings. Both work equally well.
Estate planning integrates with the firm's probate, trust creation, asset protection, and real estate practices.
Frequently Asked Questions
Where are Tamarac estate matters heard if they go to court?
Tamarac is in Broward County, which is Florida's 17th Judicial Circuit. Matters are filed with the Broward County Clerk of Court, with the probate division operating from the Broward County Courthouse at 201 SE 6th St., Fort Lauderdale.
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 Tamarac?
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 does Florida's Medicaid lookback affect my estate plan?
Florida's Medicaid lookback period is 5 years. Asset transfers made within that window can disqualify the transferor from Medicaid benefits or impose penalty periods. Effective Medicaid planning generally requires action well before long-term care is needed. By the time care is on the horizon, most planning options have closed. For aging adults concerned about long-term care, planning at age 65 or earlier is more effective than planning at age 75 or 80.
How do 55+ community rules affect inheritance?
Most 55+ communities require residents to be at least 55 years old. When a younger adult child inherits, they may legally own the unit but be prohibited from residing in it. Practical options become sell, rent (subject to community rental restrictions), or hold vacant. Estate plans should confirm community rules during drafting, coordinate intended heirs with eligibility, and build in flexibility for the property.
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 Tamarac 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. Tamarac clients can also opt for in-person meetings at our Boca Raton office, approximately 30 to 40 minutes north.
Build Your Tamarac Estate Plan
Free 30-minute consultation. We serve Tamarac 55+ community residents, snowbirds, retirees from the Northeast, and families coordinating long-term care planning. In-person or remote consultations available.
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