Best Lawyers in Florida, United States for Trusts and Estates

Estate planning is more than deciding who gets what. It is a structured legal process that ensures assets transfer smoothly, wishes are respected and family members are not left to sort things out in court. Wills, trusts and related documents create order and reduce the risk of disputes.

Working with a Florida will attorney provides assurance that every document meets state requirements. From drafting wills to setting up trusts and navigating probate, a knowledgeable lawyer protects your interests while simplifying a complex process.

Core Services of a Florida Will Attorney

Estate planning in Florida is not one-size-fits-all. A qualified attorney provides a range of services designed to protect assets, honor client wishes and simplify the legal process for families. From preparing essential documents to guiding estates through probate, a Florida will attorney offers comprehensive support at every stage of planning and administration.

Drafting Last Wills and Testaments

A last will and testament is the cornerstone of most estate plans. Florida law requires strict formalities: the testator must sign in the presence of two witnesses, who must also sign. Handwritten wills without witnesses are generally unenforceable.

Florida law does not require wills be notarized, though it’s highly recommended because Florida law does require that wills be self-proving. A will can be self-proving if it’s notarized. If it’s not, then the probate court may require one of the signing witnesses to appear before the court to testify to the will’s authenticity.

Without a will, Florida’s intestacy statutes dictate distribution. A surviving spouse often inherits most of the estate, but if children from another relationship exist, assets are divided differently. This statutory scheme rarely reflects personal intent, making a properly drafted will essential.

Establishing Living and Irrevocable Trusts

Is a trust better than a will in Florida? The answer depends on your goals. A revocable living trust allows you to retain control of assets during life and provides for seamless transfer upon death, bypassing probate. An irrevocable trust may be used to shield assets from creditors or to qualify for Medicaid.

Trusts also offer privacy. Unlike a will, which becomes public during probate, a trust operates outside court oversight. A Florida trust lawyer can explain whether your circumstances call for a simple will, a revocable trust or a more complex arrangement.

Creating Powers of Attorney

A power of attorney is critical in cases of incapacity. Florida law requires these documents to be effective immediately, unless carefully limited. An estate planning lawyer drafts them with precision, ensuring an agent can handle financial or legal matters if you cannot. This avoids costly guardianship proceedings.

Setting Up Advance Directives and Healthcare Proxies

Advance directives, including living wills and health care surrogate designations, guide medical decisions when you are unable to communicate. In Florida, these documents must follow statutory language to be enforceable. A lawyer ensures clarity and validity, reducing family stress during medical crises.

Administering Estates and Navigating Probate

Probate is often misunderstood. Some assets pass outside probate through beneficiary designations, Lady Bird deeds or trust transfers. Still, many estates require at least summary probate. Florida law provides for summary administration in smaller estates and formal probate for larger or contested ones.

A Florida probate attorney guides personal representatives through filing petitions, notifying creditors and distributing assets. If disputes arise—such as challenges over undue influence or capacity—a probate litigation lawyer is essential. Effective representation keeps proceedings efficient and protects estate value.

Handling Trust Administration

Trustees have fiduciary duties under Florida law. They must act loyally, prudently and transparently. Administering a trust involves more than distributing assets; it requires managing investments, providing accountings and resolving disputes between beneficiaries. A Florida estate administration attorney helps trustees carry out these responsibilities while minimizing liability exposure.

Unique Considerations in Florida Estate Planning

Florida’s homestead protections are unique and powerful. The state constitution shields a primary residence from most creditors and restricts how it can be transferred. If a homeowner dies with a surviving spouse or minor child, the homestead cannot be left entirely to someone else. A Florida will attorney ensures that these restrictions are respected, avoiding invalid provisions.

Medicaid planning is another critical element. With the high cost of long-term care, many families explore Medicaid asset protection trusts. These instruments allow individuals to preserve eligibility while safeguarding assets for heirs. Without careful planning, last-minute transfers can trigger penalties.

Lady Bird deeds, also called enhanced life estate deeds, are especially popular in Florida. They let property owners retain full control during life, including the right to sell, while designating a beneficiary to take title automatically upon death. This avoids probate for real estate, making them attractive for retirees and snowbirds who want to simplify transfers.

Tax considerations are simpler in Florida than in many states. There is no state estate or inheritance tax, but larger estates may still face federal estate tax. Coordinating wills, trusts and gifting strategies with a Florida estate planning lawyer helps reduce that exposure.

Florida also recognizes planning tools like spendthrift trusts, which protect beneficiaries from creditors and beneficiary designations tailored to retirement accounts. These instruments provide flexibility while aligning with Florida’s emphasis on protecting assets.

Why Work With a Florida-Specific Attorney

Estate planning laws vary significantly from state to state. Florida’s unique requirements demand local expertise. Documents valid elsewhere may be rejected here, leaving families vulnerable.

Probate procedures also differ across counties. A Florida probate attorney familiar with local clerks and judges can anticipate delays and streamline filings. That local knowledge makes a measurable difference in efficiency and outcomes.

Elder law is another area where Florida-specific guidance matters. With one of the largest retiree populations in the country, issues like guardianship, Medicaid eligibility and long-term care planning are especially prevalent. A Florida elder law attorney or guardianship lawyer helps families petition the court when incapacity arises and no power of attorney exists.

Relying on online templates or out-of-state forms risks costly mistakes. A Florida will attorney not only ensures compliance with statutes but also tailors documents to avoid common pitfalls. That level of precision protects your legacy and spares your family unnecessary conflict.

How to Use This Page to Find Your Attorney

The attorneys listed on this page have been peer-reviewed for their experience in wills, trusts and probate. Browse the profiles to identify a Florida will attorney whose practice aligns with your needs.

Consider location, especially for probate matters, which must be filed in the decedent’s county of residence. Estate planning, however, is often flexible and can be handled remotely, so you may choose based on experience rather than geography.

Schedule consultations to discuss your goals. Whether you are drafting your first will, protecting assets through Medicaid planning or resolving a contested probate, a Florida-specific lawyer provides tailored solutions. By starting early, you protect your family, reduce costs and ensure your wishes are carried out.