Estate Planning in Florida

Expert Estate Planning Advice

Protecting Your Family, Future, & Assets

Estate planning is essential for protecting your family, preserving your assets, and ensuring your wishes are clearly documented in Florida. Without a proper estate plan, important decisions may be left to the courts, creating unnecessary stress, delays, and uncertainty for your loved ones. A well-structured estate plan provides clarity, control, and peace of mind—both now and in the future.
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Our estate planning team works closely with individuals and families to create customized estate plans that reflect their goals and values. From Wills and Trusts to powers of attorney and probate avoidance tools, we focus on reducing risk, avoiding confusion, and protecting what matters most. Our approach is practical, thorough, and designed to safeguard your legacy.

Small & Associates Law Group, P.A.

Estate Planning Services

Wills
We prepare detailed Wills that clearly outline how your assets should be distributed according to your wishes. A properly drafted will helps protect your family and prevent unnecessary disputes.
Trusts
We create customized Trusts that help manage assets, avoid probate when possible, and provide long-term protection for beneficiaries. Trusts offer greater control, flexibility, and privacy in estate planning.
Probate Administration
We guide executors and families through the probate administration process with clarity and efficiency. Our goal is to reduce delays, minimize conflict, and guide families with empathy and understanding during this challenging process.
Power of Attorney
We draft durable powers of attorney that authorize trusted individuals to make financial or legal decisions on your behalf. These documents help protect your interests if you are unable to act for yourself.
Healthcare Directives
We prepare healthcare directives that clearly outline your medical preferences and appoint someone to make healthcare decisions on your behalf. These documents ensure your wishes are respected if you are unable to communicate them yourself.
Business Succession Planning
We help business owners create succession plans that ensure a smooth transition of ownership and leadership. Proper business succession planning protects the value of the business and provides continuity for employees and family members.
Lady Bird Deeds
We prepare Lady Bird Deeds (enhanced life estate deeds), a Florida-specific estate planning tool that allows real property to pass outside of probate while you retain full ownership and control during your lifetime. These can also be used as a powerful estate planning tool.
Life Estate Deeds
A life estate deed lets you keep the right to live in and control your home for the rest of your life, while automatically transferring it to your chosen beneficiary when you pass away—often avoiding probate.

Why Estate Planning Matters

Securing Your Legacy

Securing your legacy means more than distributing assets—it means protecting the people, values, and intentions you want carried forward. A thoughtful estate plan helps reduce uncertainty, prevent disputes, and ensure your wishes are honored exactly as intended, even when life changes.
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Through strategic estate planning, individuals and families in Florida can maintain control, preserve wealth, and provide long-term protection for future generations. By planning ahead, you create stability, clarity, and peace of mind for those who matter most.
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01.
Clarity
An estate plan clearly outlines your wishes, reducing confusion and misunderstandings for your loved ones during difficult times.
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02.
Protection
Proper planning helps protect your assets and beneficiaries from unnecessary legal challenges, taxes, and delays.
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03.
Control
Estate planning allows you to decide how, when, and to whom your assets are distributed, rather than leaving decisions to the courts.
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04.
Continuity
A well-structured plan ensures your values, responsibilities, and financial intentions carry on smoothly across generations.

What To Expect

We're with you every step of the process.

From your initial consultation to the completion of your estate plan, our legal team guides you through each step with clarity and care. We take the time to understand your goals, explain your options in plain language, and create a plan that reflects your needs and priorities.
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Throughout the process, we maintain open and responsive communication so you always know what to expect. Our team in Florida provides clear timelines, answers questions promptly, and ensures you feel informed and confident in every decision.
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As your life evolves, we remain available to update and adjust your estate plan as needed. Whether you experience changes in family, finances, or goals, we are here to provide ongoing guidance and long-term support.

Frequently Asked Questions

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Do I need an estate plan if I only own a home and a few bank accounts?
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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.
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What happens if I die without a will in Florida?
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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.
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Can a living trust help me avoid probate in Florida?
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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.
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How often should I update my estate plan?
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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.
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What estate planning documents should every Florida adult have?
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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.
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Can I leave money to my children without giving them a lump-sum inheritance?
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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.
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Does Florida homestead property require special estate planning?
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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.
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Can estate planning help if I become incapacitated?
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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.
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Do married couples still need estate planning documents in Florida?
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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.
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What is the best estate planning strategy for parents with minor children?
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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.

We're your Florida estate planning office.

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Broward: 954.361.1564
sarasota: 941.531.2289
info@smallandassociateslaw.com
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*The material published on this site is purely informational and does not constitute legal advice.