For most South Florida families, the largest asset is real estate: the homestead in Boca Raton or Coral Gables, a condo on the Intracoastal, a rental duplex in Fort Lauderdale, or seasonal property held by snowbirds. Our firm focuses on estate planning that protects those properties and moves them to the next generation without an avoidable, expensive court fight. We serve clients across Miami-Dade, Broward, and Palm Beach counties.
Why Property Owners Need a Florida-Specific Plan
Florida law treats real estate differently than most states. The Florida Constitution protects the homestead from most creditors and restricts how you can leave it if you have a surviving spouse or minor child. Title held jointly, in a trust, or by a Lady Bird (enhanced life estate) deed each behaves differently at death. A plan drafted for a different state, or never updated after a Florida move, frequently fails exactly where your house is concerned.
Core Documents Every Florida Owner Should Have
- Last Will and Testament executed under Florida Statutes §732.502 (two witnesses and proper signing).
- Revocable Living Trust under Chapter 736 to hold real estate and avoid probate on those parcels.
- Durable Power of Attorney under Chapter 709 so someone can manage, sell, or refinance property if you become incapacitated.
- Designation of Health Care Surrogate and Living Will.
- Deeds such as a Lady Bird deed to pass the homestead outside probate while keeping full control during life.
Homestead, Title, and the Probate Question
Florida probate is governed by Chapters 731 through 735 of the Florida Statutes. Whether your estate qualifies for streamlined summary administration or requires full formal administration often depends on how real estate is titled and valued. We design plans so that the homestead and investment properties pass the way you intend, with the fewest court touchpoints, while respecting Florida’s spousal and homestead protections.
Who We Help
We work with primary-residence homesteaders, owners of rental and vacation property, blended families balancing a second marriage with children from a first, and part-time Florida residents establishing domicile here. If your wealth is tied up in real property, the planning choices below were written with you in mind.
Our Approach
We start with a title and asset review, identify where Florida homestead and elective-share rules affect your goals, and then recommend the lightest set of documents that accomplishes them. No template-only plans, and no documents you do not need.
This page is general information, not legal advice. Florida estate and property law is fact-specific and changes over time. Consult a licensed Florida attorney about your own situation before acting.
