At Biello & Soowal, PLLC, we understand how difficult it can be to plan for life’s “what ifs.” Most people do not like to think about their own mortality or the possibility of incapacity. But estate planning is one of the most thoughtful and responsible actions you can take. It is not just about what happens after you are gone—it is about making sure your wishes are honored, your loved ones are protected, and your legacy is preserved.
As an experienced estate planning law firm in Florida, we help individuals and families throughout the state take control of their futures. Whether you are just starting your career or enjoying retirement, estate planning is essential to ensure your assets are distributed as you intend and your affairs are handled smoothly.
What Is Estate Planning?
Estate planning refers to the legal process of organizing how your assets will be managed and distributed upon your death or incapacity. A comprehensive estate plan includes more than just a will. It often involves multiple documents and tools that can help you protect your property, minimize taxes, avoid probate, and provide clear instructions for your care if you are ever unable to make decisions yourself.
Our team of Florida estate planning attorneys takes a customized approach for every client. No two families are alike, and no two estate plans should be either.
Essential Estate Planning Documents
We guide our clients through the creation of all necessary documents that make up a robust estate plan. These often include:
Last Will and Testament
Your will outlines who will receive your property, who will be the guardian of your minor children, and who will manage the distribution of your estate. If you pass away without a valid will in Florida, your estate will be distributed under the state’s intestate succession laws, which may not reflect your wishes.
Revocable Living Trust
A trust can allow your estate to avoid probate, which in Florida can be time-consuming and expensive. A revocable trust provides flexibility during your lifetime and smooth transition of assets upon your death. You maintain control as trustee during your life and can amend the trust as needed.
Durable Power of Attorney
This document lets you appoint someone to manage your financial affairs if you are incapacitated. Without this, your loved ones may have to go to court to obtain a guardianship to handle your finances.
Advance Healthcare Directive and Living Will
An advance directive (also called a designation of health care surrogate) allows you to name someone to make medical decisions on your behalf. A living will provides instructions for end-of-life care, such as whether you wish to be kept on life support.
HIPAA Authorization
This allows your designated individuals to access your medical records, ensuring that doctors and hospitals can share information with your chosen representative.
Preneed Guardian Designation
In Florida, you can designate who you would want to act as your guardian in the event you are found legally incapacitated. This can avoid disputes and delays in guardianship proceedings.
Special Needs Trusts
If you have a child or family member with a disability, a special needs trust ensures they can receive financial support without losing eligibility for government benefits like Medicaid or SSI.
Why Estate Planning Is Critical in Florida
Estate planning laws are state-specific, and Florida has some unique considerations. For example, Florida’s homestead exemption can protect your primary residence from most creditors and limit how it can be passed through a will. According to Florida Statutes § 732.401, if a homestead is devised, there are restrictions on who it can legally be left to, particularly if you have a surviving spouse or minor child.
Florida also has no state estate or inheritance tax, which can financially benefit your beneficiaries. However, the federal estate tax still applies to high-net-worth estates, with an exemption of $13.99 million per individual in 2025. Strategic estate planning can minimize or avoid these federal taxes.
If you own property in multiple states, Florida estate planning can also help you avoid ancillary probate—a second probate proceeding in another state. You can eliminate this complication with proper planning, such as using a living trust.
Stand Up for What’s Right in Education
Contact Bilello & Soowal, PLLC, Today To Set Up A Free Initial Consultation
What Happens If You Do Not Have an Estate Plan?
The consequences of not having an estate plan can be severe and expensive for your loved ones. Without a will or trust, Florida’s intestacy laws under Florida Statutes § 732.102 and § 732.103 determine who inherits your property. The distribution is typically based on marital status and blood relationships, not necessarily who you would have chosen.
Further, become incapacitated and have not appointed someone through a power of attorney or healthcare directive. Your family may have to go through a court process to establish a guardianship. This process can be stressful, time-consuming, and costly.
According to a 2023 survey by Caring.com, only 34% of Americans have an estate plan, even though 60% say having one is important. We encourage all Florida residents to take action now rather than leaving loved ones to deal with confusion or legal battles later.
Common Estate Planning Mistakes
Even with the best intentions, many people make errors when planning their estate on their own or through generic online templates. Some of the most common mistakes we see include:
- Failing to update documents after life changes like divorce, birth, or remarriage
- Naming an inappropriate or unreliable executor or trustee
- Not funding a trust (i.e., failing to retitle assets into it)
- Overlooking digital assets like online accounts or cryptocurrency
- Leaving out beneficiaries with special needs
- Not coordinating beneficiary designations on life insurance or retirement accounts with the overall plan
As an experienced estate planning lawyer in Florida, we ensure your plan is legally sound, properly executed, and tailored to your goals.
Who Needs an Estate Plan?
Estate planning is not just for seniors or the ultra-wealthy. Everyone should have a basic estate plan—especially:
- Married couples, particularly with children or blended families
- Parents of minor children who need to designate guardians
- Business owners who want to create a succession plan
- Individuals with significant retirement savings or real estate
- People with loved ones who have special needs
- Anyone who wants to avoid probate and maintain privacy
Estate planning can also address charitable giving, pet trusts, legacy letters, and digital asset management. Whether you are 25 or 75, the earlier you begin, the more control and peace of mind you will have.
Recent Legal Changes to Be Aware Of
Florida continues to evolve its estate laws. One of the most notable recent developments is the enactment of the Florida Uniform Directed Trust Act (FUDTA) in 2021 (Chapter 736, Florida Statutes), which provides increased flexibility in how trustees and trust directors can operate.
Also, the Uniform Fiduciary Income and Principal Act (UFIPA), which took effect in 2025, replaces Florida’s prior laws on fiduciary accounting. It better aligns Florida with national trust law standards, offering clarity and uniformity in how income and principal are handled in trusts. These changes make it more important than ever to have your plan reviewed by a knowledgeable Florida estate planning attorney.
Why Work With Biello & Soowal, PLLC?
At Biello & Soowal, PLLC, we take pride in being a trusted estate planning law firm in Florida. We have spent years helping families across the state protect what matters most. Our mission is not only to create legally enforceable documents but also to provide you with peace of mind.
We take the time to understand your personal goals, explain your options, and create a custom plan. Whether you are creating your first will or need to update an old trust, we are here to guide you every step of the way. We also offer flat-fee packages and transparent pricing so you know exactly what to expect.
Our firm can also assist with:
- Probate and estate administration
- Medicaid planning and long-term care planning
- Business succession planning
- Asset protection strategies
- Trust administration
Frequently Asked Questions About Estate Planning in Florida
What is probate, and can it be avoided in Florida?
Probate is the legal process through which a deceased person’s assets are distributed under court supervision. In Florida, probate can take several months and involves fees, court filings, and public disclosure of your estate. You can avoid probate by creating a revocable living trust, designating beneficiaries on accounts, or owning property jointly with rights of survivorship.
How often should I update my estate plan?
We recommend reviewing your estate plan every three to five years or after any significant life event, such as marriage, divorce, birth of a child, death of a beneficiary, relocation to Florida, or a substantial change in assets. Keeping your documents current ensures they remain valid and aligned with your wishes.
Are handwritten wills valid in Florida?
No. Florida does not recognize handwritten wills (holographic wills) unless executed with the required legal formalities: the will must be signed by the testator in the presence of two witnesses who also sign in each other’s presence. We strongly advise against DIY wills to avoid costly legal issues.
Can I name multiple people as my power of attorney or health care surrogate?
Yes, you can name co-agents or successor agents. However, it is important to consider whether your agents can work well together or if giving one person sole authority will avoid potential conflicts.
Do I need an attorney to make a will or trust in Florida?
While it is not legally required, working with a Florida estate planning attorney ensures that your documents comply with state laws, are properly executed, and address your unique needs. Mistakes in estate planning can lead to unintended consequences, delays, and legal challenges.
Ready to Protect Your Future?
You worked hard to build your life—your estate plan should reflect that. Let us help you create a plan that protects your assets, supports your family, and honors your legacy.
Contact Biello & Soowal, PLLC, today to schedule a confidential consultation with a Florida estate planning attorney. We will explain your options, answer your questions, and help you confidently take control of your future.
Let us help you plan wisely—because your legacy matters.
