What Does an Estate Attorney Do in Florida?

An estate attorney is a licensed lawyer who focuses on legal matters involving a person's assets, property, and financial affairs both during their lifetime and after death. In Florida, estate attorneys handle a wide range of services that fall into three primary categories: estate planning, probate administration, and estate litigation. Understanding what an estate attorney does can help you determine when you need one and how to choose the right lawyer for your situation.

At the Law Offices of Albert Goodwin, PA, we serve clients throughout Miami-Dade County and South Florida in all aspects of estate law. Whether you need to create a comprehensive estate plan, guide a loved one's estate through probate, or contest a will that you believe is invalid, our firm provides skilled representation tailored to the specific requirements of Florida law.

Estate Planning: Protecting Your Assets During Your Lifetime

Estate planning is the process of arranging for the management and transfer of your assets during your life and after your death. A Florida estate attorney helps you create legally binding documents that express your wishes, minimize taxes, protect your assets from creditors, and ensure that your family is provided for. Estate planning is not limited to wealthy individuals. Anyone who owns property, has a bank account, or has minor children benefits from having a proper estate plan in place.

The foundational document of most estate plans is a last will and testament. Under Florida Statutes Chapter 732, a valid will must be signed by the testator in the presence of two attesting witnesses. An estate attorney drafts your will to ensure it meets all statutory formalities and accurately reflects your intentions for the distribution of your property. Without a valid will, your assets will be distributed according to Florida's intestacy statutes, which may not align with your wishes.

Beyond a basic will, an estate attorney can establish revocable living trusts and irrevocable trusts that allow assets to pass to beneficiaries without going through probate. Trusts also provide greater control over how and when beneficiaries receive their inheritance. For clients with substantial wealth, an estate attorney may recommend specialized trust structures such as dynasty trusts, asset protection trusts, or charitable trusts to achieve specific tax and asset protection goals.

An estate attorney also prepares essential incapacity planning documents. A durable power of attorney designates someone to manage your financial affairs if you become incapacitated. A designation of health care surrogate names someone to make medical decisions on your behalf. A living will expresses your wishes regarding end-of-life medical treatment. Without these documents, your family may need to petition the court for guardianship, which is expensive, time-consuming, and stressful.

Probate Administration: Guiding Estates Through the Court Process

When a person dies in Florida, their estate typically must go through probate, which is the court-supervised process of identifying the decedent's assets, paying debts and taxes, and distributing the remaining property to beneficiaries or heirs. An estate attorney represents the personal representative (sometimes called an executor in other states) throughout this process.

Florida recognizes two primary types of probate: formal administration for estates valued at more than $75,000 or when the decedent has been dead for less than two years, and summary administration for smaller estates or those in which the decedent has been dead for more than two years. An estate attorney determines which type of probate is appropriate and guides the personal representative through every step.

During formal administration, the estate attorney files the petition for administration with the appropriate Florida circuit court, assists in locating and inventorying assets, publishes the required notice to creditors, reviews and objects to improper creditor claims, prepares the estate's accounting, files any required tax returns, and prepares the petition for discharge once all distributions have been made. The attorney also advises the personal representative on their fiduciary duties under Florida Statutes Chapter 733, which can include personal liability for mismanaging the estate.

For estates that include property in multiple states, an estate attorney handles ancillary probate proceedings in Florida for non-resident decedents who owned Florida real estate, or coordinates with out-of-state counsel when a Florida decedent owned property in other jurisdictions.

Estate Litigation: Resolving Disputes Over Estates and Trusts

Estate litigation arises when there is a dispute about a will, trust, or the administration of an estate. An estate attorney who practices litigation represents clients in contested proceedings that can be highly adversarial and emotionally charged. These disputes frequently involve family members who disagree about the decedent's intentions, the validity of estate planning documents, or the personal representative's conduct.

Common estate litigation matters include will contests, in which an interested party challenges the validity of a will on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. Under Florida Statutes § 733.109, an interested person may file a petition to revoke probate of a will within the time limitations prescribed by law. Successfully contesting a will requires presenting evidence to the court that one or more legal grounds for invalidity exist.

Estate attorneys also handle trust disputes, including actions to remove a trustee for breach of fiduciary duty, actions to compel a trustee to provide an accounting under Florida Statutes § 736.0813, and proceedings to interpret ambiguous trust provisions. Additionally, estate attorneys litigate claims involving elective share rights of surviving spouses under Florida Statutes § 732.201 through § 732.2155, disputes over homestead property rights, and claims by creditors against an estate.

When Do You Need an Estate Attorney in Florida?

There are many situations in which hiring an estate attorney is not just helpful but essential. You should consult an estate attorney when you need to create or update a will or trust, when you have been named as a personal representative or trustee, when a loved one has died and you need to open probate, when you believe a will or trust is invalid, when you are a beneficiary who is not receiving what you are owed, when you need to protect assets from creditors or for Medicaid planning purposes, or when you have a blended family or complex family dynamics that require careful estate planning.

Under Florida law, a personal representative in a formal administration must be represented by an attorney unless the personal representative is the sole beneficiary of the estate. This means that in the vast majority of probate cases, hiring an estate attorney is a legal requirement, not merely a recommendation.

How to Choose an Estate Attorney in Florida

Choosing the right estate attorney involves evaluating several factors. First, look for an attorney who concentrates their practice in estate planning, probate, and trust law rather than a general practitioner who handles estate matters occasionally. Florida estate law is complex and involves interplay between state statutes, federal tax law, and local court rules that require specialized knowledge.

Second, consider the attorney's experience with cases similar to yours. If you need to contest a will, you want an attorney with litigation experience in Florida probate courts. If you need sophisticated tax planning for a high-net-worth estate, you want an attorney who understands federal estate and gift tax law, the generation-skipping transfer tax, and Florida's favorable tax environment, including the absence of a state income tax and state estate tax.

Third, evaluate the attorney's communication style and responsiveness. Estate matters are often time-sensitive, particularly probate proceedings that are governed by statutory deadlines. You need an attorney who responds promptly and keeps you informed about the status of your case.

Contact the Law Offices of Albert Goodwin

If you need an experienced estate attorney in South Florida, the Law Offices of Albert Goodwin, PA is here to help. Our firm handles estate planning, probate administration, and estate litigation for individuals and families throughout Miami-Dade County and the surrounding areas. We are located at 121 Alhambra Plz #1000, Coral Gables, FL 33134. Call us at 786-522-1411 or email [email protected] to schedule a consultation and learn how we can assist you with your estate law needs.