Estate Planning Attorney in Weston, FL

Florida estate planning fundamentals

Estate planning law is a state law domain. Florida's framework applies identically to a Weston 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.

Weston estate planning profiles

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

Latin American professional families. Weston has one of the highest concentrations of Venezuelan, Colombian, Brazilian, Argentine, and broader Latin American professional families in South Florida. Estate planning for these families often involves coordination with assets, business interests, real estate, and family members in countries of origin. Cross-border inheritance, foreign trust structures, FBAR and FATCA reporting where foreign accounts exist, and documentation that works across multiple legal systems all require explicit attention.

High-earning professional households. Weston has a substantial population of physicians, attorneys, financial professionals, executives, and entrepreneurs. Estates often include retirement accounts, deferred compensation, executive stock and option awards, business interests, professional practice equity, and significant life insurance. Coordinated planning across these asset categories, with attention to beneficiary designations and tax efficiency, is standard work.

Master-planned community residents. Weston is one of the largest master-planned communities in Florida, with detailed HOA structure and architectural and governance rules. Estate plans need to address community-specific transfer rules, assessment liability for heirs, and any inheritance-related provisions in the community documents.

Working families with minor children. Weston has a significant working-age family population. Basic estate planning is non-negotiable: wills with named guardians for minor children, life insurance with properly-designated beneficiaries (often through trust for minor children), and coordinated retirement-account beneficiary planning.

Multi-generational households. Many Weston families maintain multi-generational arrangements, with extended family members from countries of origin spending substantial time in Weston or relocating permanently. Coordination across multiple generations, often spanning multiple countries, requires explicit estate plan documentation.

Documents in a Florida estate plan

Our piece on estate planning for Florida snowbirds and multi-state residents covers the residency and domicile framework in detail.

The biggest estate planning mistakes Weston residents make

Keeping an out-of-jurisdiction estate plan after relocating to Florida. A will drafted in another state or country may not satisfy Florida's specific witness and execution formalities, and rarely captures Florida's homestead rules, elective share, or tax advantages. Out-of-jurisdiction powers of attorney are frequently rejected by Florida banks. Healthcare documents drafted under another country's law need replacement with Florida-form versions.

Skipping cross-border coordination. For families with accounts, real estate, or business interests in countries of origin, the estate plan needs to coordinate with the inheritance and tax laws of each country involved. Forced heirship rules in some Latin American countries can override US dispositions for assets located there. Documentation that works in Florida may not be recognized in the country where additional family assets are held.

Missing FBAR and FATCA obligations. Weston residents with foreign accounts, foreign trusts, or foreign business interests face FBAR (Financial Crimes Enforcement Network) and FATCA reporting requirements that operate independently from estate planning. Missed filings carry severe penalties (often percentage-of-account-balance rather than fixed-dollar penalties). Coordination between estate planning and international tax counsel is essential.

Unfunded revocable living trusts. A trust only avoids probate for assets actually titled in the trust's name. Many residents establish a trust but never re-title their home, bank accounts, or business interests into it. 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 (remarriage, deceased beneficiaries, new children, family members in other countries), the designation controls regardless of intent.

Florida domicile and the 17th Judicial Circuit

Weston falls within Florida's 17th Judicial Circuit, which covers Broward County. Probate and estate-related litigation involving Weston 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.

Establishing Florida domicile for Weston residents who relocated from another state or country involves several deliberate steps: filing a Florida Declaration of Domicile with the Broward County Clerk, getting a Florida driver's license, registering to vote in Florida (if a US citizen), registering vehicles in Florida, moving primary banking and brokerage relationships to Florida-based institutions, and spending more than half the year in Florida. For international clients, additional documentation may be needed to coordinate with immigration status, prior country residency, and US tax residency rules.

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 Weston:

• Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432 (closest to Weston, approximately 40 to 55 minutes north depending on traffic)
• West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401

Weston estate planning work is handled either in person at our Boca Raton office or remotely by phone, video, and remote online notarization (RON). Many Weston professional families 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