Florida law decides for you. Florida distributes your assets according to state intestacy rules, which follow a fixed formula based on family structure. The beneficiaries of an intestate estate are your “heirs.” This means that family members you do not like, or who have not been part of your estate, may end up inheriting. As a result, the outcome may not reflect your wishes. Your family will also face probate, a court-supervised process that is time-consuming, expensive, and public. An estate plan puts you in control of those decisions, before a crisis forces someone else to make them. Kelley Kronenberg’s estate planning attorneys offer confidential consultations at no cost.

It depends on your situation. A will distributes your assets after death but requires probate. A trust, by contrast, bypasses probate as long as all of your assets were transferred to the trust during your life. It allows funds to be available directly to your beneficiaries and remains private. A trust also protects you while you are still alive. For example, if you become incapacitated, your named trustee can manage your affairs without court intervention. Many Florida residents benefit from having both. An attorney can tell you which approach fits your circumstances. Kelley Kronenberg offers confidential consultations at no cost.

A complete plan typically includes a last will and testament, a durable power of attorney, a health care surrogate designation, a designation of pre-need guardian, and a living will. If your situation warrants it, you should also add a trust. Specifically, the power of attorney covers financial and legal decisions, while the health care surrogate covers medical decisions. The living will document reflects your end-of-life wishes and makes known what you would want to happen in the event that you are terminally ill and cannot communicate. Together, these documents address what happens after you die and what happens if you are alive but unable to speak for yourself.

The most common approach is a properly funded revocable living trust. Planning matters here, because you must execute these documents before you die and while you have the mental capacity to do so. Mentally compromised persons, like dementia patients, often cannot execute estate planning documents. Pay-on-death designations on bank accounts and beneficiary designations on retirement accounts and life insurance also keep those assets out of probate. However, making changes to those designations or accessing the funds after becoming incapacitated can be difficult. The word “funded” matters. A trust that exists on paper but has not had assets transferred into the name of the trust will not avoid probate. An attorney makes sure the plan is structured correctly and can assist you with funding it properly, so it works when your family needs it most.

If executed properly, a will or trust is valid until it is specifically revoked. Proper revocation of prior documents almost always requires a written document stating that intent. However, major life changes can make an outdated plan worse than no plan at all. Marriage, divorce, a new child, the death of a named beneficiary, a move to or from Florida, and significant changes in assets all warrant a review. If your documents are more than three years old, schedule a review now to ensure they comply with current federal tax laws and your current family situation.

Florida has no state estate or inheritance tax. Federal estate tax applies to estates above $15 million per individual in 2026, a threshold that is now permanent and indexed for inflation following new federal legislation signed in 2025. For most Florida families, federal estate tax is not an immediate concern. However, for those with significant assets, business interests, or real estate holdings, the lowest rate is 40%. It increases from there on amounts above the exemption, making planning worthwhile. Strategies like irrevocable trusts, gifting programs, and charitable planning can reduce exposure. An attorney can help you determine whether your estate warrants that level of planning.

Without a durable power of attorney, no one can legally manage your finances. Without a health care surrogate designation, medical decisions can be delayed or disputed. As a result, a family member would need to petition a Florida court for guardianship. That process takes time, costs money, and is public record. These are two of the simplest documents in any plan, and among the most important to have before you need them. Kelley Kronenberg’s estate planning attorneys offer confidential consultations at no cost.

Possibly. Your primary residence state generally governs how personal property passes, but the state where real property sits governs that property. As a result, owning homes in two states without proper planning can require probate in both. This is a common situation for Florida residents who also own property in New York, New Jersey, or other states. Florida residency carries real benefits, including no state income tax and no state estate tax, but establishing it requires more than splitting your time here. Kelley Kronenberg’s estate planning attorneys are licensed in Florida, New York, and New Jersey and can ensure your plan works across every state where you hold property.