FAQ

A Will is a legal document that is submitted to the probate court to request how you want your assets distributed after death and who you would prefer to be the of guardians of your minor children. However, the judge has the final say.

A Trust is a legal arrangement that holds assets during your lifetime and after death, often allowing your loved ones to avoid probate and manage assets more efficiently in the event of your incapacity or your passing.

No, but having an attorney is strongly recommended. Florida law requires specific formalities for a will to be valid, and mistakes can make it invalid or lead to disputes. An attorney ensures your wishes are carried out correctly.

Review your plan at minimum every 3 years, or after major life changes, such as marriage, divorce, the birth of a child, moving to a new state, or significant changes in assets.

A living trust can:

• Avoid probate
• Keep your affairs private
• Allow faster access to assets for loved ones
• Provide management of assets if you become incapacitated

Yes. Assets properly titled in a trust typically bypass probate, saving time, money, and court involvement.

Options include trusts, gifting strategies, business succession planning, and asset protection tools. A tailored estate plan can preserve wealth and mitigate risks, such as creditors or divorce.

Probate is the court-supervised process of distributing assets after someone dies. In Florida, it can take anywhere from 6 months to 2 years, depending on complexity, debts, and disputes.

No. If assets are held in a trust, jointly owned, or have beneficiary designations (like life insurance), they may avoid probate. Small estates may qualify for a simplified process.

An attorney ensures the process follows Florida law, helps with paperwork, manages deadlines, addresses creditor claims, and protects the personal representative from liability.

Through Medicaid planning strategies such as special trusts, asset restructuring, and allowable transfers. Planning early can help preserve assets while meeting eligibility requirements.

• Last Will and Testament
• Durable Power of Attorney
• Healthcare Surrogate Designation
• Living Will
• HIPAA Release
• (Often) a Revocable Living Trust

Because we combine legal knowledge with compassion, we offer tailored plans to protect your family, assets, and future. We focus on Florida law, elder care, and the unique needs of every client.

Bring a list of your assets, family information, any existing legal documents (wills, trusts, powers of attorney), and your goals or concerns about healthcare and inheritance.

By using adoption, parentage orders, and legal documents like wills and guardianship designations to ensure both parents’ rights are recognized.

They should have wills, trusts, healthcare directives, and powers of attorney in place to ensure partners are protected, since default inheritance laws may not apply.

A trust allows you to directly name beneficiaries, bypassing default laws that may exclude unmarried partners or non-biological children.

Yes. Unmarried partners are not automatically entitled to inheritance, and parental rights can be questioned without proper documentation. Careful planning avoids these issues.

A Healthcare Surrogate Designation, Durable Power of Attorney, and Living Will ensure your chosen person—not the state or biological relatives—makes decisions for you.

It’s a trust designed to provide for a person with disabilities without disqualifying them from government benefits like Medicaid or SSI. Funds are managed by a trustee for their benefit.

By creating a special needs trust, which allows you to leave money for their care while keeping them eligible for benefits.

• First-party: funded with the beneficiary’s own assets (like an inheritance or settlement).
• Third-party: funded by family or others for the beneficiary, often as part of an estate plan.

Choose someone who understands your child’s needs, is financially responsible, and willing to serve. Backup guardians should also be named.

Yes. Relatives can contribute to a properly established third-party special needs trust, helping secure the child’s future without jeopardizing benefits.