FAQ

Begin by taking a complete inventory of what you own—real estate, bank accounts, investments, personal property—and note any debts or liabilities. Next, clarify your goals: Do you have children to provide for? Are you concerned about avoiding probate, or ensuring specific healthcare preferences are honored?

Once you’ve outlined your objectives, consult an experienced attorney who can help draft the core documents (will, power of attorney, healthcare directives, trust if needed) in compliance with Florida law. This foundational step ensures your wishes are clearly documented and legally enforceable.

A basic estate plan in Florida typically includes:

Last Will and Testament – Distributes your assets and names a personal representative (executor).

Durable Power of Attorney – Designates someone to handle your financial and legal affairs if you can’t.
Healthcare Directive &

Living Will – Outlines your medical treatment preferences and appoints a healthcare surrogate.

HIPAA Release – Gives healthcare providers permission to share your medical information with designated individuals.

For some individuals, adding a revocable living trust can help avoid probate and streamline asset transfers. An attorney can help you decide which combination of documents fits your specific needs.

Yes. In Florida, even if you have a valid will, your estate may still go through probate. Probate is the process by which a court validates your will, oversees the payment of debts, and ensures assets are distributed properly. However, an effective estate plan—potentially including trusts, proper beneficiary designations, and jointly titled assets—can minimize the scope or length of probate.

Florida probate can take anywhere from a few months to over a year, depending on factors like:

• Size and complexity of the estate
• Number of creditors and potential disputes
• Clarity and validity of the will
• Court backlog

If disputes arise—such as will contests or disagreements between beneficiaries—expect delays. Conversely, smaller or uncontested estates may qualify for summary administration, which can be faster than formal probate.

Not at all. Trusts can be useful for a variety of circumstances, such as avoiding probate, protecting assets for minor children, or managing property for a loved one with special needs. A revocable living trust can be valuable even for modest estates by simplifying asset transfers after death and possibly reducing legal fees. The cost and complexity of setting up a trust often pay for themselves in convenience and peace of mind.

If you recently moved to Florida or own property here, reviewing your estate plan with a Florida-licensed attorney is important. Florida has specific laws regarding homestead property, elective shares, and execution requirements for wills and trusts. Making sure your documents comply with local statutes helps avoid confusion or invalidation later.

Most Florida real estate transactions involve:

1. Negotiating and signing a contract that sets the purchase price, contingencies, and closing date.
2. Inspections and due diligence – Buyer checks the property’s condition, verifies the title, and secures financing if needed.
3. Title and escrow services – A title company or attorney facilitates the transfer, ensures a clear title, and handles funds.
4. Closing – The Final paperwork is signed, funds are exchanged, and the deed is recorded.
   Having an attorney review or draft documents can help prevent disputes, especially when unique property interests or financing arrangements are involved.

While not legally required in every Florida transaction, an attorney-led closing provides added protection—particularly if the deal involves complex financing, estate-owned properties, boundary issues, or legal uncertainties. An attorney will review the contract, ensure compliance with Florida law, address title concerns, and resolve any last-minute problems that might otherwise delay or jeopardize the sale.

Estate planning and real estate intersect in several ways:

• Homestead property in Florida carries unique protections that can limit forced sales or dictate how the property passes upon death.
• Trusts often hold the title to real estate to simplify transfers and bypass probate.
• Pre- and post-marital agreements might stipulate how property is divided if one spouse passes away or if a couple divorces.
• Property deeds must be executed with specific formalities if the goal is to pass the home on seamlessly to heirs.

Consulting an attorney ensures real estate assets are integrated properly into your overall estate strategy.

1. Check Experience and Specialization – Look for attorneys who frequently handle estate planning, probate, and real estate.
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2. Communication Style – Seek someone who listens to your concerns and explains complex concepts in an understandable way.
3. Ask About Availability – Confirm they can meet deadlines, respond to questions, and dedicate sufficient time to your case.
4. Read Client Reviews – References and testimonials can offer insights into an attorney’s service quality and track record.

At Smith Cors Law, we pride ourselves on in-depth Florida knowledge and a client-first approach, ensuring each client receives personalized legal solutions.

Understanding the basics of estate planning, probate, and real estate transactions is key to making informed decisions. However, each situation is unique—laws change, personal circumstances evolve, and local statutes in Florida can be intricate. If you have additional questions or need customized advice, contact Smith Cors Law. Our team offers a blend of experience and personalized attention, guiding you through every legal step to protect your interests and provide peace of mind.