Planning for the future is one of the most important things you can do for your family, and it is also one of the most postponed. Many people put estate planning off because conversations about death, incapacity, and asset distribution feel overwhelming. But the families who benefit most from our work are the ones who planned before a crisis, not during one. A well-built estate plan protects your assets, protects your healthcare choices, protects your loved ones, and gives you genuine peace of mind.

At Elder Needs Law, our Florida estate planning attorneys are led by Jason Neufeld, a board-certified elder law attorney serving clients across all of Florida from our offices in Aventura, Boca Raton, Plantation, and Spring Hill. We handle everything from straightforward wills and trusts to complex Medicaid-compliant estate plans for families facing long-term care needs.

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What Is Estate Planning

Estate planning is the process of creating a legal framework that governs what happens to your assets, your healthcare decisions, and your dependents if you die or become incapacitated. A comprehensive Florida estate plan typically includes a last will and testament or revocable living trust, a durable power of attorney, a healthcare surrogate designation and living will, and depending on your family circumstances, a special needs trust, guardianship designation, or Medicaid-compliant asset protection strategies.

A useful starting point is our overview of what an estate plan actually includes. For families who want a quick self-assessment, our Florida estate planning checklist walks through the key documents and decisions in plain language.

Florida Estate Planning Services

Last Will and Testament

A will is the foundational document in any estate plan. It names who inherits your assets, designates a guardian for minor children, and appoints a personal representative (Florida's term for executor) to administer your estate. A will only takes effect upon your death and must pass through Florida's probate court process before your assets can be distributed. For a practical guide on what is involved, see our article on how to make a will in Florida. If you are curious whether a handwritten will is valid in Florida, we cover that too in our guide to holographic wills.

Revocable Living Trust

A revocable living trust is the most effective tool for avoiding Florida probate. Unlike a will, a trust takes effect immediately upon signing and owns your assets during your lifetime. When you pass away, the assets held in trust pass directly to your named beneficiaries without court involvement, privately and efficiently. The trust also protects your family if you become incapacitated, because your designated successor trustee can step in and manage trust assets without needing court approval.

Every trust should be paired with a pour-over will as a backup to capture any assets accidentally left outside the trust. For a full breakdown of your options, our guide to types of trusts in Florida covers revocable trusts, irrevocable trusts, asset protection trusts, and special needs trusts. You can also read more about the trust lawyer services we provide.

Durable Power of Attorney

A durable power of attorney designates a person, your agent, to manage financial decisions on your behalf if you become incapacitated. In Florida, a power of attorney must be drafted carefully to be accepted by banks, financial institutions, and government agencies. A generic or out-of-state POA is frequently rejected. Our Florida power of attorney lawyers draft Medicaid-compliant powers of attorney that include the specific language required for Medicaid planning purposes. For more on the general requirements, see our guide to powers of attorney in Florida.

Healthcare Surrogate Designation and Living Will

A healthcare surrogate designation names the person who makes medical decisions for you if you cannot make them yourself. A living will records your specific wishes about end-of-life care, including whether you want life-prolonging treatment withheld under defined circumstances. Together these documents are as important as any financial planning document in your estate plan. Our advance care planning guide explains the difference between these documents and how to make sure they work in a Florida hospital or care setting. For a combined overview, see our page on healthcare surrogate designations and living wills.

Guardianship Planning for Minor Children

If you have minor children, naming a guardian in your will is one of the most important decisions in your estate plan. Without a written designation, a Florida court decides who raises your children if both parents die or become incapacitated. The court will consider the best interests of the child, but it may not choose the person you would have chosen. Our Florida guardianship attorneys can also assist with adult guardianship matters when a family member has lost capacity and has no advance planning documents in place.

Special Needs Planning

If you have a family member with a disability who receives Medicaid or SSI, leaving them a direct inheritance can disqualify them from government benefits. A special needs trust holds the inheritance in a trust managed by a trustee who provides for expenses Medicaid does not cover, without affecting benefit eligibility. Special needs planning also involves coordinating with incapacity planning documents to ensure your disabled family member has appropriate decision-makers named in the event they cannot advocate for themselves.

Estate Planning and Medicaid Planning Working Together

For Florida families with a loved one approaching the need for long-term care, estate planning and Medicaid planning must be designed as a single coordinated strategy. A will or trust that works well for asset transfer at death may inadvertently disqualify a spouse or dependent from Medicaid benefits. Powers of attorney that lack specific Medicaid-planning language may not be accepted by the Department of Children and Families when you apply for benefits.

Our Florida Medicaid planning attorneys work alongside our estate planning attorneys to ensure every document in your plan is consistent with Florida Medicaid rules. This includes structuring trusts to protect assets from nursing home spend-down, coordinating spousal protections, and drafting powers of attorney that comply with current DCF requirements. If you are wondering how these two areas differ, our article on the difference between an estate planning attorney and a Medicaid planning attorney explains both roles clearly. For families who want to understand the full picture of Florida life care planning, we offer that as a comprehensive service as well.

What to Bring to Your Estate Planning Consultation

The more information you bring to your first consultation, the more specific and useful our advice will be. Here is what we ask clients to gather in advance.

About your family

Full legal names of you and your spouse if married. Full legal names of your children, including any from prior relationships. Any beneficiaries you wish to disinherit. Any family members with special needs or disabilities. Names of the people you want to serve as personal representative, trustee, guardian for minor children, and healthcare surrogate.

About your assets

Real estate addresses including your primary home and any investment properties, with notes on how each is currently titled. Bank and brokerage account names and approximate balances. Retirement account information including IRAs and 401(k)s. Life insurance and annuity policy details. Any existing beneficiary designations on accounts and policies.

About your existing documents

Any existing wills, trusts, or powers of attorney, even if you believe they are outdated. Divorce decrees or prenuptial agreements. Prior estate planning documents from any other state if you have moved to Florida.

Florida Estate Planning Service Areas

Miami and Miami-Dade County

Our Aventura main office serves all of Miami-Dade County including Miami, Miami Beach, North Miami, North Miami Beach, Miami Gardens, Kendall, Coral Gables, Hialeah, and Homestead. Miami-Dade estates frequently involve multilingual families, international real estate holdings, and the intersection of Florida homestead law with Medicaid eligibility. Our attorneys are experienced in all of these areas.

Plantation and Broward County

Our Plantation office serves Broward County by appointment, covering Fort Lauderdale, Hollywood, Pembroke Pines, Weston, Davie, Dania Beach, Hallandale Beach, and Miramar. Broward County estate planning often involves coordinating plans across multiple generations, particularly when a parent's long-term care costs affect what adult children will eventually inherit.

Boca Raton and Palm Beach County

Our Boca Raton office serves Palm Beach County by appointment, covering Delray Beach, Boynton Beach, Lake Worth, Wellington, and all surrounding communities. Palm Beach County residents often have significant real estate holdings and retirement assets that benefit from trust-based planning to avoid probate and minimize estate tax exposure.

Spring Hill and Hernando County

Our Spring Hill office serves Hernando County and the surrounding communities of Brooksville, Brooksville, Land O Lakes, Odessa, Hudson, and New Port Richey by appointment. We also serve Tampa, Brandon, and Lakewood Ranch from additional office locations.

We serve all of Florida remotely for clients who prefer to handle their estate planning online or by phone. Distance is not a barrier.

Schedule Your Florida Estate Planning Consultation

We care. We listen. We can help. Whether you need a simple will or a Medicaid-compliant trust plan, our attorneys serve all of Florida from offices in Aventura, Boca Raton, Plantation, and Spring Hill.

Call us at (305) 419-3369

Schedule a Consultation Online

Frequently Asked Questions

Q. What documents does a Florida estate plan include

A. A comprehensive Florida estate plan typically includes a last will and testament or revocable living trust, a durable power of attorney, a healthcare surrogate designation, and a living will. Depending on your family situation, it may also include a special needs trust for a disabled beneficiary, a guardianship designation for minor children, or a Medicaid-compliant asset protection trust. Our estate planning checklist walks through each document in plain language.

Q. Is a will enough or do I need a trust in Florida

A. A will alone is often not enough for Florida residents. A will must pass through Florida probate court before assets can be distributed, which is a time-consuming, public, and costly process. A revocable living trust avoids probate entirely, passes assets to your beneficiaries privately and efficiently, and also protects your family if you become incapacitated during your lifetime. Most Florida families with real estate, investments, or family members who need specific protections benefit from a trust-based plan.

Q. How does estate planning connect to Medicaid in Florida

A. Medicaid has strict income and asset limits for long-term care eligibility. An estate plan that is not designed with Medicaid in mind can inadvertently disqualify a spouse or dependent from benefits. Powers of attorney must contain specific language to be accepted by Florida's Department of Children and Families. Trusts must be structured to comply with Medicaid's look-back rules. Our attorneys design estate plans and Medicaid plans as a single coordinated strategy, not as separate documents.

Q. When should I update my Florida estate plan

A. Review your estate plan after any major life change including marriage, divorce, death of a named beneficiary or executor, birth of a child, a move to Florida from another state, a significant change in assets, or a new diagnosis of a serious illness. Florida law and Medicaid rules also change annually. We recommend reviewing your documents every three to five years even if nothing in your personal life has changed.

Q. How much does estate planning cost in Florida

A. The cost depends on the complexity of your plan. A basic package including a will, power of attorney, and healthcare directive costs less than a full trust-based estate plan. For families with Medicaid planning needs, a special needs trust, or significant assets, a more comprehensive plan is a meaningful investment that typically saves multiples of its cost by avoiding probate fees, estate taxes, and nursing home spend-down. Contact our office to discuss current fees for your specific situation.

Q. What is the difference between an estate planning attorney and a Medicaid planning attorney

A. Estate planning attorneys focus primarily on documents that transfer assets at death and protect against incapacity. Medicaid planning attorneys have all of that expertise plus deep knowledge of Medicaid's income and asset rules, long-term care funding strategies, and Florida-specific Medicaid application requirements. Many Florida families need both types of planning, which is why Elder Needs Law handles both under one roof. Our full comparison article explains the distinction in detail.

Q. Can I probate a will without an attorney in Florida

A. Florida law requires that a personal representative be represented by an attorney in formal probate administration unless they are the sole beneficiary of the estate. Even in cases where attorney representation is not technically required, the complexity of creditor claims, tax filings, and court procedures makes professional guidance strongly advisable. Our Florida probate lawyers handle the full process.

Talk to a Florida Estate Planning Attorney Today

Do not leave your family's future unprotected. We serve all of Florida with offices in Aventura, Boca Raton, Plantation, and Spring Hill. Schedule your consultation today.

Call us at (305) 419-3369

Schedule a Consultation Online

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