Estate Planning & Probate

including asset management and disposition,
incapacity planning, and administration of estates.

Assisting You in Planning for the Future

I provide estate planning services focused on asset management, incapacity planning, and the orderly transfer of property. My work includes revocable trusts, wills, powers of attorney, and living will declarations. I also assist with probate administration and related matters, helping clients navigate the legal process after a loved one’s death.

Estate & Probate Services

    • Last Wills and Testaments

    • Revocable "Living” Trusts

    • Creation of Joint Tenancies in Property

  • Small Estate? Explore ways to minimize the expense and hassles of probate, designate executor of your estate, designate beneficiaries. 

    Young Child? Designate a trustee to manage your estate for the child’s benefit, set conditions for distributions (e.g., college degree), designate a guardian. 

    Child from Prior Marriage? Explore ways to include child from prior marriage in your estate plan.

FAQs

  • A Lady Bird Deed—also known as an enhanced life estate deed—is arguably the single most effective estate planning tool available to Florida homeowners. It allows you to transfer your home automatically to a chosen beneficiary when you pass away, without probate, while keeping full control of the property during your lifetime.  Here’s why it’s so powerful:

    • You retain full ownership and control. You can sell, refinance, or change the beneficiary at any time without their permission.

    • The property passes automatically upon death. It doesn’t go through probate, which saves time, money, and court involvement.

    • It preserves homestead and tax benefits. Your exemptions, portability, and Save Our Homes cap remain intact.

    For many people, recording a Lady Bird Deed is the single most impactful step they can take to ensure their home transfers smoothly and privately at death—without creating unintended problems during life.  It’s also a low-cost, high-benefit solution when a full trust isn’t necessary. We prepare Lady Bird Deeds routinely for clients who want to avoid probate without overcomplicating their plan.

    If you own a home in Florida, this is often the first place to start. Let us help you determine if it’s the right fit for your situation.

  • The biggest difference is how each document works during your lifetime and after your death:

    • A Will only takes effect when you die. It names who gets your property, who’s in charge, and can nominate guardians for minor children. But a Will doesn’t avoid probate—the court still has to supervise the process, and your assets won’t be distributed until probate is complete.

    • A Trust takes effect immediately and can be used to manage your assets while you’re alive, if you become incapacitated, and after your death—without going through probate. A revocable trust (sometimes called a “living trust”) gives you full control during your life but allows your successor trustee to step in when needed.

    Trusts also allow for more privacy, better planning for incapacity, and more control over how and when your beneficiaries receive their inheritance.  That said, not everyone needs a trust. If you’re concerned about probate, have out-of-state property, want to plan for incapacity, or prefer a more private and flexible structure, a trust may be the better choice.

    We help clients decide which approach makes sense based on their goals—not just based on what other people are doing.

  • In almost every case, no—adding your child to the deed is more likely to create problems than solve them.  Here’s why it’s usually a bad idea:

    • Loss of Control: Once your child is on the deed, you can’t sell, refinance, or make changes to the property without their written consent—even if they’re cooperative now, that can change over time.

    • Creditor Risk: If your child is ever sued, goes through a divorce, or files bankruptcy, their share of the home could be exposed to creditors or divided in court.

    • Tax Consequences: Adding someone to the deed is treated as a gift of a partial interest in the property, which can create capital gains issues later. If your child inherits the property instead, they’ll likely receive a stepped-up tax basis—which can significantly reduce or eliminate capital gains when they sell.

    • Minors and Legal Capacity: If your child is a minor, adding them to the deed is especially problematic. Minors can’t legally convey or sign binding real estate documents, which creates complications if you ever want to sell or refinance. It could even require a court-appointed guardian just to complete a transaction.

    There are far better ways to leave your home to your child—such as using a Lady Bird Deed or a revocable trust—that avoid probate while preserving full control and reducing risk.  Before making any changes to your deed, speak with an attorney. Fixing title mistakes after the fact can be costly and sometimes impossible to unwind.

  • Even if your estate plan was carefully prepared in another state, it’s smart to have it reviewed—and in many cases, revised—when you move to Florida.  While Florida generally honors out-of-state documents, they don’t always hold up well in practice. Financial institutions, hospitals, and other third parties often hesitate to accept unfamiliar forms, and some provisions may conflict with Florida-specific laws like our homestead rules or elective share rights.  Here’s what we look at when reviewing your out-of-state plan:

    • Powers of Attorney and Health Care Directives: These are among the most commonly rejected out-of-state forms. Florida has its own execution requirements and preferred statutory formats. We draft updated versions that are robust, broadly accepted, and designed to minimize resistance from banks, hospitals, and service providers.

    • Wills and Trusts: We’ll review your current documents for compliance with Florida law and make recommendations based on how well your plan fits the state’s homestead protections, spousal rights, and probate procedures. Even if the documents are legally enforceable, we often suggest updating them for clarity, efficiency, and better long-term administration.

    • Homestead and Real Property Planning: Florida’s homestead protections are unique—and powerful. But they also come with restrictions that your current plan may not account for. If your will or trust doesn’t handle Florida homestead properly, it can lead to costly delays or unintended results.

    We also include additional documents that many firms don’t—even in Florida:

    • Digital asset authorizations to ensure your designated agents can legally access and manage online accounts.

    • Preneed guardian declarations for yourself, in case of incapacity.

    • Health care surrogate forms for minor children, so someone can legally make medical decisions for your kids if you’re unavailable.

    We don’t just update your plan—we reframe it to work the way you intended, within the framework of Florida law. If you’ve recently relocated, we’ll review your current documents and help you decide whether targeted revisions or full replacements make the most sense. Either way, your plan will be built to hold up here.

Here’s a look at our Estate Planning Process

  • You’ll receive a short intake email with a few key questions to help us understand your goals, family structure, and initial concerns before our consultation.
  • We’ll meet in office or by phone to discuss your family, assets, and planning goals so I can evaluate which estate planning tools are most appropriate for your needs.
  • You’ll receive a written summary outlining the recommended estate planning structure and documents based on your goals and circumstances.
  • If you have questions after reviewing the recommendations, we’ll schedule a call to walk through the details and confirm you're comfortable before proceeding.
  • Once you’re ready to move forward, I will email you an invoice for credit card payment to confirm your engagement and get the process started.
  • We’ll prepare customized estate planning documents tailored to your situation, using your intake responses, consultation notes, and confirmed recommendations.
  • You’ll receive the drafts for review with clear instructions, and we’ll make any necessary revisions or clarifications to ensure accuracy and completeness.
  • After final approval, we’ll coordinate document signing in our office, so your plan is formally executed and legally effective.

Our Estate Planning Documents

  • Last Will and Testament

    This document ensures that your assets, including financial accounts, personal property, and other belongings, are distributed according to your wishes. It also designates a personal representative to manage your estate, ensuring a smooth process by paying debts and distributing assets according to your instructions. Without a will, state law dictates how your estate is divided, which may not align with your intentions.

    Even in a trust-based estate plan, your will plays a critical backup role. Not all assets may be retitled into the trust before your death. A well-drafted pour-over will ensures that any overlooked assets still follow your intended distribution and do not pass under the state’s default rules. Additionally, guardianship appointments for minor children can only be made in a will—not in a trust. That means this document is essential if you’re a parent of young children.

  • Durable Power of Attorney

    This appoints someone you trust to manage your financial matters if you become unable to handle them yourself, whether temporarily or permanently. Your agent will have the authority to pay bills, manage accounts, oversee investments, and handle other financial transactions without the need for court approval.

    If you lose capacity without a Durable Power of Attorney in place, no one—not even your spouse or adult children—has automatic authority to act for you. A guardianship proceeding would be required, which is expensive, time-consuming, and subject to court supervision. With a DPOA, you control who acts for you, when, and how, without giving up your rights while you're still competent.

  • Designation of Health Care Surrogate

    This document allows you to name someone to make healthcare decisions on your behalf if you are unable to communicate. The surrogate will coordinate with your doctors, access medical records, and ensure your treatment preferences are followed during a medical crisis.

    If you become incapacitated without a Designation of Health Care Surrogate in place, medical providers may be forced to rely on a legally defined order of relatives or petition the court to determine who can make decisions for you. This can cause delays in care, confusion among family members, or conflicts at the worst possible time.

    Having this document in place: (i) ensures continuity of care and prompt decision-making; (ii) reduces the risk of family disagreements during medical emergencies; and (iii) protects your right to choose who will speak for you when you cannot.

  • Living Will Declaration

    This document expresses your wishes regarding life-prolonging medical interventions, such as resuscitation or mechanical ventilation, if you are diagnosed with a terminal condition or are permanently unconscious. It offers clarity to loved ones and healthcare providers by documenting your preferences in advance.

    This document focuses specifically on end-of-life decisions and provides guidance to your health care providers and family members about whether you want life-sustaining treatments continued, withheld, or withdrawn under qualifying medical conditions.

  • HIPAA Medical Release

    The HIPAA Right of Access and Medical Release form authorizes specific individuals to access your protected health information (PHI), as permitted under the federal Health Insurance Portability and Accountability Act (HIPAA). Without this written permission, healthcare providers are legally prohibited from sharing your medical records—even with your spouse, children, or closest family members.

    This document ensures that your designated individuals can obtain medical information when necessary to help coordinate your care, manage health-related legal matters, or respond quickly during emergencies.

    Even if you have a Designation of Health Care Surrogate in place, some healthcare providers may hesitate to release medical information without a standalone HIPAA release—especially before the surrogate’s authority is triggered by incapacity.

  • Declaration of Pre-Need Guardian

    A Declaration Naming Preneed Guardian allows you to proactively name the person you would want the court to appoint as your legal guardian if you are ever declared incapacitated and unable to manage your personal or financial affairs. By completing this declaration in advance, you retain some control over who will take on this critical role, rather than leaving the decision solely to the court.

    Florida law gives priority to the individual named in a properly executed Preneed Guardian Declaration, making it a powerful tool to protect your autonomy and prevent the appointment of someone you wouldn’t choose.

    While your Durable Power of Attorney and Health Care Surrogate Designation generally allow someone to act on your behalf without court involvement, there are situations where a formal guardianship proceeding may still be necessary.

  • Designation of Health Care Surrogate for Minor Child

    The Designation of Health Care Surrogate for Minor Child allows a parent or legal guardian to authorize a trusted adult to make medical decisions for their child in the event the parent or guardian is unavailable, unreachable, or temporarily incapacitated. This document provides legal clarity and ensures that your child’s healthcare needs can be addressed without delay in emergency or unexpected situations.

    It is especially important when children are left in the care of others—whether for a short trip, during hospitalization of a parent, or in a crisis where immediate decisions must be made and a parent is not present.

  • Digital Assets Authorization and Directive

    The Digital Assets Authorization and Directive allows you to give designated individuals legal authority to access and manage your digital assets—including online accounts, electronic records, and cloud-based files—during incapacity or after death. Without this document, even close family members may face legal and technical barriers when trying to retrieve essential records, close accounts, or manage online services on your behalf.

    Federal and state privacy laws, including the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), limit access to digital accounts without specific written authorization. This document satisfies those requirements and helps ensure your digital life can be responsibly managed in accordance with your wishes.

  • Lady Bird Deed

    Also known as an Enhanced Life Estate Deed, this deed allows you to retain full ownership and control over your property during your lifetime, including the ability to sell, refinance, or transfer it. Upon your death, the property automatically transfers to your named beneficiary without going through probate, simplifying the transition and reducing costs.  In your situation, since you have minor children, it would be best to designate a revocable trust as the beneficiary.

  • Foundational Individual Revocable Trust

    This trust is ideal for individuals with clear goals and relatively simple estates. It allows you to retain full control of assets during life and ensures a smooth transition at death. It clarifies who receives what and when, making it especially useful for those with young children, blended families, or specific guardianship or beneficiary instructions. It also helps avoid probate for assets properly retitled or coordinated with transfer-on-death designations.

    This trust does not include estate tax reduction strategies, asset protection, or long-term generational planning. Instead, it focuses on essentials: lifetime control, orderly succession, and practical implementation. It’s a thoughtful, streamlined, and cost-effective solution for those who don’t require complex legal or financial tools.

  • Legacy Individual Revocable Trust

    This trust suits individuals with more complex goals, including long-term financial stewardship, flexible family arrangements, or a desire to leave a structured legacy. It may include controls over beneficiary distributions, protections from divorce or creditors, and multigenerational planning. It can also support charitable giving, business succession, and tax planning strategies tied to state or federal exemptions.

    The Legacy Trust is ideal for those with high-value estates, blended families, beneficiaries with unique needs, or a wish to guide how assets are used after death. It offers flexibility, detailed control, and strategic tools to manage complex assets, preserve family harmony, and support broader legacy goals.

  • Foundational Joint Revocable Trust

    This trust is a streamlined solution for married couples who jointly own most assets and want a unified, efficient planning structure. It allows both spouses to manage and control shared property during life while providing clear instructions for distribution upon the death of one or both. It is especially effective for couples with minor children or blended families who want a simple, predictable way to transfer assets without complications.

    The Foundational Joint Trust covers key essentials like naming a successor trustee, directing distributions, and avoiding probate for trust-held assets. However, it does not include tax planning tools such as Bypass or Marital Sub-Trusts, nor does it provide advanced strategies for creditor protection, asset preservation, or generation-skipping transfers. It is best suited for couples with modest estates, aligned goals, and no immediate need for more complex planning. For those seeking a clear, legally sound, and well-organized plan without added complexity, this trust offers control and peace of mind.

  • Legacy Joint Revocable Trust

    This trust structure is designed for married couples with more advanced planning needs. It includes flexible tools such as Bypass and Marital Sub-Trusts to preserve each spouse's estate tax exemption. It may also incorporate strategies to reduce estate tax exposure, provide limited creditor protection for beneficiaries, and preserve wealth across generations.

    Legacy Joint Trusts are particularly appropriate for couples with high net worth, blended families with separate lines of inheritance, real estate or business interests in multiple states, or charitable goals. They can manage complex ownership structures, provide for staged or conditional distributions, and help protect against remarriage or mismanagement. Couples who choose this trust often prioritize legacy preservation, family harmony, long-term control, and flexibility to respond to evolving circumstances with resilience and precision.

  • Separate Writing for Tangible Personal Property

    The Separate Writing for Tangible Personal Property is included with your will and allows you to make specific gifts of individual items—such as jewelry, family heirlooms, artwork, tools, collections, or household furnishings—outside the main text of your will. Florida law recognizes this type of writing when it meets certain basic criteria and is referenced in your will.

    This document gives you flexibility to: (i) add or change bequests of personal items without rewriting your will; (ii) avoid ambiguity or disputes about sentimental items among loved ones; and (iii) provide a more personal and detailed expression of your intentions.

  • Memorandum of Final Arrangements

    The Memorandum of Final Arrangements provides an opportunity to document your preferences for end-of-life matters that are deeply personal but often not addressed in legal documents. While not legally binding, this memorandum offers clear guidance to your family and Personal Representative regarding how you would like your body to be handled and what type of services, if any, you would prefer.

    You may specify: (i) disposition of remains, such as burial, cremation, or green burial; (ii) service preferences, including funeral, memorial, celebration of life, or no service; (iii) viewing and visitation wishes, such as open casket, closed casket, or none; and (iv) additional instructions, including music, locations, or symbolic rituals

    This document helps your family understand what you would have wanted and gives them practical guidance at a time when decisions can be difficult.

  • Digital Assets & Account Access Inventory

    As part of your Master Estate Plan Package, you’ve received a Digital Assets & Account Access Inventory Form. This form is designed to help you securely record and manage your digital assets, account credentials, and access information. It is intentionally comprehensive to serve as a reference point, helping you identify seldom-used accounts and ensure nothing is overlooked.

Choosing the Right Estate Plan Structure

  • A will-based estate plan centers around a Last Will and Testament, which takes legal effect only upon your death. The will serves several key functions:

    • Directs how remaining assets should be distributed after death

    • Names a personal representative (executor) to oversee the estate

    • Appoints guardians for minor children, if applicable

    • May include basic testamentary trusts to hold assets for young or dependent beneficiaries

    Assets not transferred by beneficiary designations, payable-on-death (POD) provisions, transfer-on-death (TOD) deeds, or joint ownership with rights of survivorship are governed by the will and must pass through probate—a court-supervised process to validate the will, settle debts and taxes, and legally transfer property to heirs. While a will provides binding instructions, it applies only to probate assets and does not offer lifetime incapacity planning or detailed control over how or when beneficiaries receive assets. A will-based plan is generally best for individuals or families with modest estates, straightforward goals, and no need for long-term asset management or protection.

  • A trust-based estate plan layers a revocable living trust on top of the Master Estate Plan Package and relies on the trust to manage assets during your lifetime and distribute them after death. You serve as the initial trustee and beneficiary, retaining full control. The trust becomes the legal owner of assets either by retitling them during life or through beneficiary designations or TOD/POD provisions that direct assets into the trust upon death.  The trust:

    • Remains in effect during your lifetime and beyond

    • Provides seamless management if you become incapacitated

    • Allows a named successor trustee to step in without court intervention

    • Offers detailed instructions for how and when assets are distributed

    • Can hold assets in trust for beneficiaries over time, including for minors or individuals with special considerations

    • May coordinate with business succession, charitable giving, or multi-generational wealth planning

    A trust-based plan offers enhanced privacy by avoiding the public court record and enables continuous asset management without delays or additional legal processes. Unlike a will, a trust can be customized to address complex family dynamics, blended families, and evolving circumstances. Though it may involve higher initial cost and effort, the long-term benefits—greater flexibility, control, and reduced administrative burden—often make it the preferred choice for those with substantial assets, multiple properties, or legacy planning goals.

Which Type of Estate Plan is Best for Me?
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A Will-Based Estate Plan may be best if:

  • Your estate is relatively straightforward—A will may be appropriate if you have modest assets, no business interests, and simple distribution goals.

  • You’re using beneficiary designations effectively—If your primary assets transfer by TOD, POD, or beneficiary designations (e.g., life insurance, retirement accounts), a will can direct what remains.

  • Your family structure is simple—A will may be sufficient if you’re in a traditional family arrangement without minor children or heirs with special needs, and you have no need for staged distributions or ongoing management.

  • You don’t anticipate needing help managing assets during your lifetime—If you expect to remain fully capable of handling your finances and don’t foresee a need for someone else to manage assets due to incapacity, a will-based plan may be sufficient.

A Trust-Based Estate Plan may be best if:

  • You want to control how and when beneficiaries receive assets—A trust allows for staggered or conditional distributions, which can be important for minors, special needs beneficiaries, or blended family arrangements.

  • You have complex or out-of-state assets—A trust can streamline the management of real estate, business interests, or investments—especially when held across multiple jurisdictions.

  • You have a blended family—A trust provides clear direction for separate distributions, protecting each spouse’s intent and reducing the risk of family conflict.

  • You want planning continuity in case of incapacity—A successor trustee can take over asset management without court intervention, offering a smooth transition if you become unable to manage your affairs.

  • You value privacy—Unlike wills, which become public through the probate process, trusts remain private and confidential.

  • You want to address potential tax exposure or creditor risks—Certain trust structures can help preserve estate tax exemptions or provide limited protection against future creditor claims, particularly in higher-value or more complex estates.