Estate Planning Attorney in Miami, Florida

Estate planning is the process of arranging for the management and distribution of your assets during your lifetime and after your death. At the Law Offices of Albert Goodwin, PA, we help individuals and families throughout Miami-Dade, Broward, and Palm Beach counties create estate plans that protect their wealth, minimize taxes, avoid probate, and ensure their wishes are carried out. A well-crafted estate plan gives you control over what happens to your property and your loved ones, rather than leaving those decisions to Florida's default laws.

Many people put off estate planning because they think it is only for the wealthy or the elderly. That is a mistake. Anyone who owns property, has children, or wants to control their medical care if they become incapacitated needs an estate plan. Without one, Florida's intestacy statutes under Chapter 732 of the Florida Statutes will dictate who inherits your property, and the result may not match your intentions.

Why Estate Planning Matters in Florida

Florida presents unique opportunities and challenges for estate planning. As a state with no personal income tax, Florida attracts retirees and high-net-worth individuals from across the country. But establishing Florida domicile and taking full advantage of the state's favorable laws requires proper planning. Here are several Florida-specific considerations that make professional estate planning essential:

No state income tax. Florida does not impose a state income tax on individuals, which can create significant savings for retirees and business owners. However, proper domicile planning is necessary to ensure you are recognized as a Florida resident and not subject to income tax in your former state.
Homestead protections. Article X, Section 4 of the Florida Constitution provides some of the strongest homestead protections in the nation, shielding your primary residence from most creditors. However, these protections come with restrictions on how you can devise your homestead, which must be carefully navigated in your estate plan.
Elective share rules. Under Florida Statutes § 732.2065, a surviving spouse is entitled to 30% of the decedent's elective estate, regardless of what the will says. This elective share applies to a broad range of assets, including revocable trusts and jointly held property. Failing to account for the elective share can result in your estate plan being partially overridden.
Probate costs and delays. Florida probate can be expensive and time-consuming, especially for estates with assets in multiple counties or states. Proper estate planning, particularly through the use of revocable living trusts, can help your family avoid the probate process entirely.

Essential Estate Planning Documents

A comprehensive Florida estate plan typically includes several key documents, each serving a distinct purpose. Together, they cover what happens to your property, who makes decisions for you if you cannot, and how your medical care is handled.

Last Will and Testament

A last will and testament is the foundation of most estate plans. Under Florida Statutes Chapter 732, a valid will must be signed by the testator in the presence of two attesting witnesses. Florida does not recognize holographic (handwritten, unwitnessed) wills executed in Florida, though it may recognize those validly executed in other states under § 732.502(2).

Your will allows you to name a personal representative to administer your estate, designate beneficiaries for your property, name a guardian for minor children, and create testamentary trusts. Without a will, Florida's intestacy laws determine how your assets are distributed, which may result in outcomes you would not have chosen. For example, under § 732.102, if you die with a surviving spouse and descendants who are not also descendants of the surviving spouse, your spouse receives only half of the probate estate.

Revocable Living Trust

A revocable living trust, governed by Florida Statutes Chapter 736 (the Florida Trust Code), is one of the most powerful estate planning tools available. You transfer ownership of your assets into the trust during your lifetime, and a successor trustee manages and distributes those assets after your death according to your instructions, without the need for probate.

Revocable living trusts are especially popular in Florida for several reasons:

Probate avoidance. Assets held in a revocable trust do not go through the probate process, saving your family time, legal fees, and the stress of court proceedings. Florida probate typically takes six months to a year or longer, while trust administration can often be completed much faster.
Privacy. Unlike a will, which becomes a public record once filed with the probate court, a trust remains private. The terms of your trust and the value of your assets are not disclosed to the public.
Incapacity planning. If you become incapacitated, your successor trustee can step in immediately to manage your assets without the need for a court-appointed guardian. This avoids the costly and invasive guardianship process.
Multi-state property. If you own real estate in more than one state, a revocable trust can help you avoid ancillary probate in each state where you own property.
Flexibility. As the name suggests, a revocable trust can be amended or revoked at any time during your lifetime, giving you full control over your assets.

It is important to understand that simply creating a trust is not enough. The trust must be properly funded, meaning your assets must be retitled in the name of the trust. An unfunded trust provides no benefit at death and your assets will still pass through probate.

Durable Power of Attorney

A durable power of attorney allows you to designate an agent to handle your financial and legal affairs if you become unable to do so yourself. Under Florida Statutes Chapter 709, a durable power of attorney must be signed by the principal, by two witnesses, and be notarized. Florida follows an "opt-in" approach, meaning the specific powers you want your agent to have must be expressly listed in the document.

Certain powers, considered "super powers" under § 709.2202(1), require specific authorization because of the potential for abuse. These include the power to create or amend trusts, make gifts, change beneficiary designations, and create or change rights of survivorship. Without a durable power of attorney, your family may need to petition the court for guardianship to manage your affairs, which is far more expensive and time-consuming.

Health Care Surrogate Designation

Under Florida Statutes Chapter 765, a health care surrogate designation allows you to appoint a trusted person to make medical decisions on your behalf if you lose the capacity to make those decisions yourself. This document is critical because, without it, your family members may disagree about your care, or a court may need to appoint someone to make those decisions for you.

Your health care surrogate can consent to or refuse medical treatment, choose health care providers, and access your medical records. You can include specific instructions about your medical preferences to guide your surrogate's decisions.

Living Will

A living will, also governed by Florida Statutes Chapter 765, is a written declaration of your wishes regarding end-of-life medical treatment. Specifically, a living will instructs your physicians whether to provide, withhold, or withdraw life-prolonging procedures if you have a terminal condition, an end-stage condition, or are in a persistent vegetative state.

A living will works in conjunction with your health care surrogate designation. While the surrogate handles day-to-day medical decisions, the living will provides clear guidance on the most difficult end-of-life decisions, relieving your family of the burden of guessing what you would have wanted.

Florida Homestead Protections

Florida's homestead protections are among the most generous in the country, but they also create some of the most complex estate planning issues. Article X, Section 4 of the Florida Constitution provides three distinct homestead benefits:

Creditor protection. Your homestead property is exempt from forced sale by creditors, with limited exceptions for property taxes, mortgages, and mechanics' liens. There is no cap on the value of the exemption, meaning a multi-million-dollar home can be fully protected.
Property tax exemption. Homestead property qualifies for a property tax exemption of up to $50,000 under Article VII, Section 6 of the Florida Constitution, along with the Save Our Homes cap on annual assessment increases.
Restrictions on devise. If you are survived by a spouse or minor child, you cannot freely devise your homestead property by will. Under § 732.4015, a married homeowner can only devise homestead to someone other than the surviving spouse if the spouse waives their homestead rights. If no valid devise is made, the surviving spouse can elect to take a life estate in the property (with the remainder going to the descendants) or an undivided one-half interest as a tenant in common with the descendants.

These restrictions mean that homestead property must be carefully addressed in your estate plan. Failure to account for homestead rules can result in unintended consequences, such as your spouse receiving only a life estate instead of full ownership, or your intended beneficiary being unable to inherit the property at all.

Tax Planning Considerations

While Florida does not impose a state estate tax or inheritance tax, your estate may still be subject to the federal estate tax. For 2026, the federal estate tax exemption is expected to decrease significantly from its current elevated levels, potentially returning to approximately $6 to $7 million per individual (adjusted for inflation) as the provisions of the Tax Cuts and Jobs Act of 2017 sunset. Estates exceeding the exemption amount are taxed at rates up to 40%.

Effective tax planning strategies include:

Irrevocable life insurance trusts (ILITs). Life insurance proceeds are included in your taxable estate if you own the policy. An ILIT removes the policy from your estate, providing tax-free liquidity to your beneficiaries.
Charitable planning. Charitable remainder trusts, charitable lead trusts, and outright charitable gifts can reduce your taxable estate while supporting causes you care about and providing income tax deductions.
Annual gifting. The annual gift tax exclusion allows you to give a certain amount per recipient each year without using any of your lifetime exemption. This is a simple but effective way to transfer wealth to the next generation over time.
Grantor retained annuity trusts (GRATs). A GRAT allows you to transfer appreciating assets to your beneficiaries at a reduced gift tax cost by retaining an annuity payment for a set period of years.
Family limited partnerships and LLCs. These entities can facilitate the transfer of business interests or investment assets at discounted values for gift and estate tax purposes.

Tax planning is an area where professional guidance is critical. The interplay between federal estate tax, gift tax, and generation-skipping transfer tax rules is complex, and mistakes can be costly. Our firm works with your accountant and financial advisor to create a plan that minimizes your overall tax burden.

Medicaid Planning

Long-term care costs in Florida can exceed $10,000 per month for nursing home care. Medicaid is the primary government program that covers long-term care costs, but it has strict asset and income limits. Medicaid planning involves legally restructuring your assets so that you can qualify for Medicaid benefits without having to spend down your entire life savings.

Key Medicaid planning strategies include:

Irrevocable Medicaid asset protection trusts. Assets transferred to an irrevocable trust more than five years before applying for Medicaid (the "look-back period") are not counted as available resources. This strategy requires advance planning because of the five-year look-back period under federal Medicaid rules.
Spousal protections. Florida law provides certain protections for the community spouse (the spouse who is not in a nursing home), including a community spouse resource allowance and a minimum monthly maintenance needs allowance. Proper planning can maximize the assets and income available to the community spouse.
Homestead exemption. Your Florida homestead is generally exempt from Medicaid's asset calculations, provided certain conditions are met, including the intent to return home or the residence of a spouse or dependent.
Personal service contracts and promissory notes. In certain crisis planning situations, these tools can be used to convert countable assets into non-countable or exempt assets.

Medicaid planning must be done carefully to comply with both federal and Florida law. Improper transfers can result in a penalty period during which Medicaid will not pay for your care. Our firm helps clients create Medicaid plans that protect assets while maintaining eligibility for benefits.

Special Needs Planning

If you have a family member with a disability, special needs planning is essential to ensure they receive the care and support they need without losing eligibility for government benefits like Supplemental Security Income (SSI) and Medicaid. A direct inheritance or gift to a person with disabilities can disqualify them from these vital programs.

The primary tool for special needs planning is the special needs trust (also called a supplemental needs trust). There are several types:

Third-party special needs trusts. Created and funded by someone other than the beneficiary, such as a parent or grandparent. These trusts do not require Medicaid payback at the beneficiary's death and can be created as part of your will or revocable trust.
First-party special needs trusts. Created with the disabled person's own assets, such as an inheritance received outright or a personal injury settlement. Under 42 U.S.C. § 1396p(d)(4)(A), these trusts must be established by a parent, grandparent, legal guardian, or court, and must include a Medicaid payback provision.
Pooled trusts. Managed by nonprofit organizations, pooled trusts allow disabled individuals of any age to place their own funds into a trust. Each beneficiary has a separate account, but the funds are pooled for investment and management purposes.
ABLE accounts. Under the Achieving a Better Life Experience (ABLE) Act, eligible individuals with disabilities can maintain tax-advantaged savings accounts without affecting their government benefits, subject to annual contribution limits.

Special needs planning also involves coordinating with other parts of your estate plan. For example, you should ensure that your will and trust do not leave assets directly to a disabled beneficiary, that life insurance designations are directed to a special needs trust rather than to the individual, and that other family members understand the importance of not making gifts directly to the disabled person.

When to Update Your Estate Plan

An estate plan is not a set-it-and-forget-it document. You should review and update your estate plan whenever significant life events occur, including:

Marriage, divorce, or remarriage
Birth or adoption of a child or grandchild
Death of a spouse, beneficiary, or named fiduciary
Significant changes in the value of your assets
Moving to Florida from another state
Changes in federal or Florida tax laws
Changes in your health or the health of a family member
Purchase or sale of a business or real estate

If you have recently moved to Florida, it is especially important to have your estate plan reviewed by a Florida attorney. Estate planning documents from other states may not comply with Florida's specific requirements, and concepts like homestead protection, the elective share, and the Florida Trust Code may require adjustments to your existing plan.

Contact Our Miami Estate Planning Attorneys

At the Law Offices of Albert Goodwin, PA, we take the time to understand your family, your assets, and your goals. We then create an estate plan tailored to your specific situation, using the tools that best serve your needs under Florida law. Whether you need a straightforward will, a comprehensive revocable trust, or advanced tax and Medicaid planning, we are here to help.

Call us at 786-522-1411 or email us at [email protected] to schedule a consultation. Our office is located at 121 Alhambra Plz # 1000, Coral Gables, FL 33134, and we serve clients throughout Miami-Dade, Broward, and Palm Beach counties.