Do I need an estate plan if I only own a home and a few bank accounts?

Yes. Estate planning is not only for wealthy individuals. Even if your primary assets are your Florida home and a few financial accounts, an estate plan can help determine who inherits those assets, minimize probate complications, appoint trusted decision-makers in the event of incapacity, and provide peace of mind for your loved ones.

What happens if I die without a will in Florida?

If you die without a valid will, Florida's intestate succession laws determine who inherits your assets. The court—not you—will decide how your estate is distributed based on state law. This can lead to unintended outcomes, especially for blended families, unmarried couples, or parents of minor children.

Can a living trust help me avoid probate in Florida?

Yes. A properly funded revocable living trust can allow many assets to pass directly to beneficiaries without going through probate. Trusts are often used to simplify estate administration, maintain privacy, and provide greater control over how inheritances are managed and distributed.

How often should I update my estate plan?

Most people should review their estate plan every three to five years or whenever a major life event occurs. Common reasons for updates include marriage, divorce, the birth of a child, a death in the family, significant changes in assets, retirement, or moving to Florida from another state.

What estate planning documents should every Florida adult have?

Most Florida adults should consider having a Last Will and Testament, Durable Power of Attorney, Designation of Health Care Surrogate, and Living Will. Depending on your goals and assets, a Revocable Living Trust may also be beneficial as part of a comprehensive estate plan.

Can I leave money to my children without giving them a lump-sum inheritance?

Yes. Through a trust, you can control how and when your children receive inherited assets. Many parents choose to delay distributions until certain ages or milestones are reached, helping protect young beneficiaries from financial mistakes while ensuring funds are available for education, healthcare, and other needs.

Does Florida homestead property require special estate planning?

Yes. Florida homestead property is subject to unique constitutional protections and inheritance rules. Depending on whether you have a surviving spouse or minor children, there may be restrictions on how your homestead can be transferred at death. Proper estate planning can help preserve homestead benefits while ensuring your wishes are carried out.

Can estate planning help if I become incapacitated?

Absolutely. Estate planning includes more than planning for death. Documents such as a Durable Power of Attorney and Health Care Surrogate Designation allow trusted individuals to manage financial and medical decisions on your behalf if you become unable to do so yourself.

Do married couples still need estate planning documents in Florida?

Yes. Marriage alone does not guarantee that all financial and healthcare decisions will be handled as you intend. Estate planning documents can help married couples avoid unnecessary legal complications, address blended family concerns, coordinate beneficiary designations, and ensure both spouses are protected during incapacity and after death.

What is the best estate planning strategy for parents with minor children?

Parents with minor children should have a will that names guardians, as well as documents that address incapacity and inheritance planning. Many families also use trusts to manage assets for children until they reach an age where they can responsibly handle an inheritance. Without proper planning, the court may determine guardianship arrangements and oversee inherited assets on behalf of minor children.

Service Areas

Protecting What Matters Most

Trusted Legal Services Across Broward County, Sarasota County, and All of Florida

Planning for the future, navigating the loss of a loved one, or protecting your hard-earned assets should never feel overwhelming, transactional, or legalistic. At Small & Associates Law Group, P.A., led by founder Destinee Campbell Small, we believe you deserve personalized, humanistic legal support that treats you like a person, not a case file.

Whether you are looking to secure your family’s legacy through a comprehensive estate plan, guide an estate smoothly through Florida probate, or handle business and real estate matters, our firm provides the dedicated, transparent guidance you need.

With primary meeting offices located in Broward County and Sarasota County, we offer convenient in-person consultations for local residents while providing seamless, virtual legal services to individuals, families, and business owners across the entire State of Florida.

‍(Note: Attorney Destinee Campbell Small is also licensed to practice law in Alabama for cross-state compliance and multi-jurisdictional client needs).

Our Core Focus

Florida Estate Planning, Wills, Trusts & Probate

While life is unpredictable, your legacy and your family’s security do not have to be left to chance. Estate planning is not just for the wealthy—it is a essential set of legal protections for anyone who owns a home, has minor children, runs a business, or wants to ensure their healthcare choices are respected.

At Small & Associates Law Group, P.A., Estate Planning, Wills, Trusts, and Probate Administration form the heart of our practice. We help Florida families eliminate confusion, minimize court intervention, avoid unnecessary taxes, and build ironclad legal protections tailored to Florida's unique legal landscape.

1. Revocable Living Trusts

A Revocable Living Trust is one of the most powerful and flexible estate planning tools available under Florida law. Unlike a traditional Will, a properly drafted and funded living trust allows your assets to pass directly to your loved ones upon your passing without going through the public, expensive, and time-consuming Florida probate process.

Privacy Protection: Unlike probate proceedings, which are part of the public court record, a trust remains completely private.
Incapacity Planning: If you become incapacitated due to illness or injury, your designated successor trustee can step in to manage your financial affairs without court intervention or guardianship proceedings.
Control Over Asset Distribution: Specify exactly how, when, and under what conditions your beneficiaries receive their inheritance (e.g., staggering distributions for young adult children or protecting assets for family members with special needs).

2. Last Will and Testaments

A Last Will and Testament serves as the foundational backbone of any estate plan. While a Will must go through probate to transfer assets held solely in your name, it performs critical functions that no other document can:

Naming Guardians for Minor Children: Designating trusted individuals to raise your children if the unexpected happens.
Appointing a Personal Representative: Selecting the person or corporate entity responsible for gathering your estate, paying final debts, and distributing remaining property.
Distributing Non-Trust Property: Directing where any assets outside of a trust or beneficiary designation should go.

3. Florida Lady Bird Deeds (Enhanced Life Estate Deeds)

Florida is one of a select few states that recognizes the Enhanced Life Estate Deed, commonly referred to as a Lady Bird Deed. This specialized legal tool is particularly popular among Florida homeowners because it allows real estate to pass automatically to named beneficiaries upon your death without probate, while allowing you to:

Retain full ownership, control, and occupancy rights of your home during your lifetime.
Retain the right to sell, mortgage, or gift the property without requiring consent from your named beneficiaries.
Preserve your valuable Florida Homestead Exemption and property tax protections (Save Our Homes assessment cap).

4. Durable Powers of Attorney & Advance Healthcare Directives

Comprehensive estate planning covers life just as much as it covers legacy. If an accident or illness leaves you unable to make financial or medical decisions, having state-compliant advance directives ensures your trusted loved ones can step in immediately:

Durable Power of Attorney (POA): Grants a trusted agent legal authority to manage your financial affairs, pay bills, access accounts, and handle legal matters if you are incapacitated.
Designation of Health Care Surrogate: Names an individual authorized to make medical choices on your behalf when you cannot make them yourself.
Florida Living Will: Outlines your specific preferences regarding end-of-life medical care and life-sustaining measures.

Florida Probate & Estate Administration

Guiding Families Through Loss

Losing a family member is emotionally devastating, and dealing with legal paperwork and court appearances only compounds that stress. If your loved one passed away with assets held solely in their name, those assets must typically pass through Florida Probate.

Small & Associates Law Group provides compassionate, step-by-step guidance to Personal Representatives (Executors) and beneficiaries, taking the burden off your shoulders during a difficult time.

01.

Summary Administration

A streamlined form of probate available in Florida if:

The total value of the probate estate (minus exempt property, such as homestead real estate) does not exceed $75,000; OR
The decedent has been deceased for more than two (2) years.

Summary administration is significantly faster and less costly than formal administration, often concluding within weeks rather than months.

02.

Formal Administration

Required for larger estates or complex circumstances where a Personal Representative must be officially appointed by a Florida Circuit Court judge to issue Letters of Administration, settle creditor claims, manage assets, and oversee final distributions. We handle all court filings, notice publications, and legal proceedings to keep the process moving forward efficiently.

Secondary Practice Areas

Supporting Your Business & Real Estate Needs

In addition to our core focus on Estate Planning and Probate, Small & Associates Law Group, P.A. provides legal advisory services for business owners, property investors, and homeowners throughout Florida.

Business & Contract Law

Starting and running a business requires clear contracts and structural protection to prevent disputes down the road:

Business Formation: Entity selection and registration for Limited Liability Companies (LLCs), Corporations, and Partnerships.
Contract Drafting & Review: Client agreements, vendor contracts, operating agreements, and non-disclosure agreements (NDAs).
Business Succession Planning: Structuring smooth ownership transfers and buy-sell agreements integrated directly into your personal estate plan.

Real Estate Law & Title Company Closings

Real estate is often a family’s or business owner’s largest financial asset. We assist clients with:

Residential & Commercial Closings: Providing title search, document preparation, and closing representation.
Deed Conveyance & Transfers: Transferring title into trusts, LLCs, or drafting life estate deeds.

Why Choose Small & Associates Law Group, P.A.?

"You are never just a case file or a legal fee to us. We built this firm to make quality legal services personal, transparent, and accessible to everyday Floridians." — Destinee Campbell Small, Founder

When you partner with our firm, you benefit from:

Humanistic, Client-Centered Communication: We speak plain English, not legal jargon. We take the time to answer your questions, walk you through every option, and ensure you feel confident in your decisions.
Predictable Flat-Fee Pricing: For most estate planning and probate matters, we offer upfront, flat-rate pricing so you never have to worry about unexpected billable hours or hidden expenses.
Hyper-Local Focus + Statewide Reach: With physical meeting locations in Broward County and Sarasota County, we are rooted in South and Southwest Florida. However, our modern digital setup allows us to seamlessly serve clients across Tampa, Orlando, Miami, Jacksonville, and every community in between.
Comprehensive Legal Counsel: Because we understand real estate, business structuring, and estate law, we can build cross-functional legal strategies that protect your home, business, and personal wealth simultaneously.

Frequently Asked Questions

01.

Do I need a Will or a Revocable Living Trust in Florida?

While everyone over the age of 18 should at least have a Last Will and Testament, a Revocable Living Trust offers distinct advantages for homeowners and individuals looking to avoid Florida probate. A Will only takes effect after you pass away and must be processed through probate court. A Trust takes effect as soon as it is signed, allows you to avoid probate completely, keeps your estate private, and plans for potential incapacity during your lifetime.

02.

Where are your physical offices located, and do you serve all of Florida?

Our primary physical offices for meeting clients in person are located in Broward County and Sarasota County. However, attorney Destinee Campbell Small is licensed across the entire State of Florida. Thanks to secure video conferencing and legal tech tools, we comfortably handle estate planning, probate, and legal consultations for clients anywhere in Florida.

03.

What happens if I die without a Will or Trust in Florida?

If you die without a valid estate plan (known as dying intestate), your assets will be distributed according to Florida’s strict statutory intestacy laws. The court—not you—will decide who receives your property and who is appointed to manage your estate. Furthermore, if you have minor children, a judge will decide who becomes their legal guardian.

04.

Can putting my Florida home in a trust affect my Homestead Exemption?

No, as long as your Revocable Living Trust is properly drafted by an experienced Florida attorney. Florida law allows you to retain your Homestead Exemption, property tax caps (Save Our Homes), and asset protection benefits even when title to your primary residence is transferred into a Revocable Living Trust.

05.

What is a Lady Bird Deed, and how does it work in Florida?

A Lady Bird Deed (Enhanced Life Estate Deed) allows you to automatically transfer real estate to your named beneficiaries upon your death without going through probate court. Unlike a traditional life estate deed, a Lady Bird Deed gives you the complete right to live in, sell, refinance, or alter the property during your lifetime without needing permission from your beneficiaries.

06.

How long does the probate process take in Florida?

The duration depends on the type of probate required. Summary Administration (for estates under $75,000 or where the deceased passed over 2 years ago) often takes between 1 to 3 months. Formal Administration usually takes anywhere from 6 to 12 months, depending on court dockets, creditor notice requirements, and estate complexity.

07.

How much does estate planning cost in Florida?

At Small & Associates Law Group, P.A., we prioritize fee transparency. Most estate planning packages (which include Trusts, Wills, Financial Powers of Attorney, Healthcare Surrogates, and Living Wills) are provided on a clear flat-fee basis. During your initial consultation, we review your specific needs and give you an exact price quote before any work begins.

08.

Does a Florida Power of Attorney remain valid after someone passes away?

No. A Power of Attorney (POA) immediately terminates upon the death of the principal (the person who granted the authority). Once a person passes away, asset management and distribution must be handled by the Personal Representative named in the Will (through probate) or by the Successor Trustee named in a Revocable Trust.

09.

Are you licensed to practice law in states other than Florida?

Yes. Founder Destinee Campbell Small is licensed to practice law in both Florida and Alabama. While our core marketing focus is serving Florida residents and snowbirds, our Alabama licensure allows us to assist clients with multi-state legal needs or cross-border estate matters involving both Florida and Alabama property.

10.

How do I get started with Small & Associates Law Group?

Getting started is simple! You can schedule a virtual or in-person consultation directly through our online booking system or contact our office by phone or email. We will discuss your goals, review your current documents or situation, and design a customized legal plan that fits your family's needs.

Florida Estate Planning, Probate, Business & Real Estate Law

Protecting What Matters Most

Trusted Legal Services Across Broward County, Sarasota County, and All of Florida

Our Core Focus

Florida Estate Planning, Wills, Trusts & Probate

Florida Probate & Estate Administration

Guiding Families Through Loss

Secondary Practice Areas

Supporting Your Business & Real Estate Needs

Business & Contract Law

Real Estate Law & Title Company Closings

Why Choose Small & Associates Law Group, P.A.?

Service Areas

Miramar, FL

Margate, FL

Lighthouse Point, FL

Lauderdale-by-the-Sea, FL

Lauderdale Lakes, FL

Hollywood, FL

Hallandale Beach, FL

Deerfield Beach, FL

Dania Beach, FL

Coral Springs, FL

Southgate, FL

South Venice, FL

North Lauderdale, FL

South Sarasota, FL

Oakland Park, FL

South Gate Ridge, FL

Siesta Key, FL

Sarasota Springs, FL

Ridge Wood Heights, FL

Coconut Creek, FL

Cooper City, FL

Parkland, FL

Warm Mineral Springs, FL

Plantation, FL

Pembroke Pines, FL

Pembroke Park, FL

Fort Lauderdale, FL

Pompano Beach, FL

Lauderhill, FL

Vamo, FL

Wilton Manors, FL

Ives Estates, FL

Lazy Lake, FL

Sea Ranch Lakes, FL

Davie, FL

Sunrise, FL

Broadview Park, FL

Tamarac, FL

West Park, FL

Weston, FL

Franklin Park, FL

Boulevard Gardens, FL

Hillsboro Pines, FL

Washington Park, FL

Southwest Ranches, FL

Roosevelt Gardens, FL

Pinecraft, FL

Osprey, FL

North Sarasota, FL

Palmer Ranch, FL

Venice Gardens, FL

Laurel, FL

Key West, FL

Miami, FL

Brandon, FL

Lutz, FL

Wesley Chapel, FL

Plant City, FL

Lakeland, FL

Clearwater, FL

Bradenton, FL

Old Miakka, FL

Nokomis, FL

The Meadows, FL

Lakewood Ranch, FL

Kensington Park, FL

Lake Sarasota, FL