Florida Estate Planning Attorneys — Put a Plan in Place Before You Need One
Most people know they should have an estate plan. Few get around to it until something forces the issue. Kristen Emerson handles estate planning at Barbas Nunez Sanders Butler & Hovsepian — and she has spent years helping Florida families put straightforward, durable plans in place before a crisis makes the decision for them.
Why Most People Put Off Estate Planning — and Why That's a Mistake
Estate planning sits on the to-do list for most Florida adults until something forces the issue — a health scare, a family change, or a moment that makes the abstract feel real. The problem is that Florida's legal defaults kick in the moment you don't have a plan, and those defaults rarely reflect what you actually want.
Without a will, Florida's intestacy laws determine who inherits your assets and in what order. Without a power of attorney, your family may need a court's permission to manage your finances if you're incapacitated. Without a healthcare directive, medical providers are left guessing about your wishes at the worst possible moment.
A basic estate plan addresses all of that — not just at death, but during your lifetime. It's less about the size of your estate and more about staying in control of what happens to you and your family. One appointment with Kristen Emerson is enough to get a plan in place.
Estate Planning Documents Every Florida Adult Should Have
Last Will and Testament
A will directs how your assets are distributed at death, names an executor to administer your estate, and — critically for parents — designates a guardian for minor children. Without a will, Florida's intestacy laws determine who inherits, in what shares, and in what order. That distribution may not reflect your wishes, and it cannot account for the specific relationships and circumstances in your family.
Revocable Living Trust
A revocable living trust holds your assets during your lifetime and distributes them at death without going through the probate process. For Florida residents, avoiding probate means faster distribution, reduced court costs, and greater privacy — probate records are public, trust distributions are not. A trust is also the most effective tool for managing asset distribution across multiple beneficiaries or over time, such as distributions to minor children as they reach adulthood.
Durable Power of Attorney
A durable power of attorney designates someone to manage your financial and legal affairs if you become incapacitated. Without one, your family may have to petition a court for guardianship to act on your behalf — a process that is slow, expensive, and public. A properly drafted power of attorney eliminates that barrier.
Healthcare Surrogate Designation
A healthcare surrogate designation (sometimes called a healthcare proxy) names the person who makes medical decisions on your behalf when you cannot make them yourself. This document tells your family and your medical providers who speaks for you — and resolves the conflicts that arise when that designation is absent.
Living Will / Advance Directive
A living will documents your wishes regarding end-of-life medical treatment — whether you want life-sustaining measures continued or withdrawn under specific circumstances. This document takes the burden of that decision off your family members at the most difficult possible moment and ensures your wishes are followed.
Florida Homestead Planning
Florida's Homestead exemption provides significant protections for primary residences — including creditor protection and property tax benefits — but also imposes restrictions on how homestead property can be devised in a will. Married homeowners and those with minor children face specific limitations. Estate planning that ignores the Homestead rules can inadvertently defeat a client's intentions. We account for Florida's Homestead framework in every plan we prepare.
Do You Need a Will or a Trust in Florida? Here's How to Think About It
The honest answer is that most Florida adults need both — or at minimum, a will, a durable power of attorney, and healthcare documents. The choice between a will-based plan and a trust-based plan depends on the composition and value of your assets, whether you want to avoid probate, and how you want distributions handled.
A will alone does not avoid probate. In Florida, estates that pass through a will must go through the court-supervised probate process before assets are distributed. For straightforward estates with one or two beneficiaries, probate is manageable. For larger estates, blended families, real property in multiple states, or beneficiaries who would benefit from structured distributions, a revocable living trust is typically the better tool.
The consultation is the right place to work through which plan fits your situation. There is no charge for that conversation, and the planning documents themselves are more affordable than most people expect.
What Happens If You Die Without a Plan in Florida
Florida's intestacy laws — the statutes that govern what happens when someone dies without a valid will — follow a fixed formula. Your assets pass to your closest relatives in a predetermined order, regardless of your actual relationships, intentions, or circumstances.
For married individuals with children from a prior relationship, the intestacy outcome can be particularly problematic: Florida law splits the estate between the surviving spouse and the children, which may not reflect what either side expected or what the deceased would have wanted.
If you have minor children and no will, a court will appoint a guardian to manage any assets they inherit until they reach 18 — at which point everything transfers to them outright, regardless of maturity or circumstance.
The cost of not planning is rarely zero. It is usually borne by the people you were trying to protect.
One Firm. Your Injury Claim and Your Family's Protection.
Most of our estate planning clients come to us through the workers' comp or disability side of the practice. They've been through something that made the abstract feel real — and they want the same attorney who understands their medical and legal situation to help them think through the planning side.
Kristen Emerson handles estate planning as part of a complete picture of what our clients need. If you're already working with the firm on a workers' comp claim, a disability appeal, or a personal injury matter, adding an estate planning consultation is straightforward. If you're coming to us for estate planning as a starting point, that's equally welcome
What Florida Clients Ask About Estate Planning
Do I need a will or a trust in Florida?
Most Florida adults benefit from having both a will and foundational documents — power of attorney and healthcare directives — at minimum. Whether a revocable living trust makes sense depends on your assets, family structure, and whether avoiding probate is a priority. A consultation will give you a clear answer based on your actual situation.
Most Florida adults benefit from having both a will and foundational documents — power of attorney and healthcare directives — at minimum. Whether a revocable living trust makes sense depends on your assets, family structure, and whether avoiding probate is a priority. A consultation will give you a clear answer based on your actual situation.
Basic estate planning documents — will, durable power of attorney, healthcare surrogate designation, and living will — are available at flat fees that most clients find more affordable than expected. Trust-based plans involve additional complexity and are priced accordingly. We discuss fees in the initial consultation so there are no surprises.
What happens if I die without a will in Florida?
Florida's intestacy laws determine who inherits your assets, in what shares, and in what order — without any consideration of your actual relationships or wishes. For married individuals with children from prior relationships, the outcome can be significantly different from what either party expected. A will eliminates that uncertainty.
I already have a will from another state — is it valid in Florida?
A will validly executed in another state is generally recognized in Florida. However, Florida has specific requirements and considerations — particularly around Homestead property — that may make it worth reviewing and updating your existing documents with a Florida attorney. We can evaluate your current plan and advise on whether any updates are warranted.
Can an estate plan protect me during my lifetime — not just at death?
Yes, and this is one of the most underappreciated aspects of estate planning. A durable power of attorney and healthcare surrogate designation function during your lifetime — they designate who acts on your behalf if you're incapacitated, manage your finances, and direct your medical care. These documents are often more immediately important than the will itself, particularly for clients recovering from a serious injury or illness.
My estate isn't large — do I still need an attorney to draft these documents?
Yes. Attorney-drafted documents are more likely to be executed correctly, comply with Florida's specific requirements, and hold up if they're ever challenged. Florida has particular rules around witnesses, notarization, and Homestead property that affect whether a document is legally valid. The cost of having an attorney prepare your plan is almost always less than the cost of fixing a document that wasn't done right.
Your Family Deserves a Plan. One Conversation Gets You There.
Estate planning is the one legal task that is easier to do than to undo — and the one most people delay until something forces the issue. If you're ready to stop putting it off, Kristen Emerson is available for a free consultation. One appointment. Documents that last a lifetime.