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Estate Planning

At HKH, we help Florida families through clear and comprehensive planning to prepare for life's expected and unexpected changes.

Estate Planning

At HKH, we help Florida families through clear and comprehensive planning to prepare for life's expected and unexpected changes.

What is Estate Planning?

Estate planning is the process of creating a thoughtful, comprehensive plan for life’s uncertainties. It means considering the “what ifs” we cannot always predict—incapacity, illness, changes in family circumstances, the need for long-term care, or death. It involves putting a plan in place so that you and the people you care about are prepared when those circumstances arise.

A well-designed estate plan addresses a broad spectrum of considerations during life and after death. A comprehensive estate plan allows you to identify who you trust to make financial and/or healthcare decisions if you cannot make them yourself, how you want your assets managed and distributed, and what protections may be appropriate for your spouse, children, or other beneficiaries. Just as importantly, it can help minimize unnecessary legal, financial, and emotional burdens on your loved ones during difficult times.

Estate planning is not reserved for people with substantial wealth, nor is it simply about preparing a will or trust. In reality, every adult can benefit from having a intentional estate plan. Whether you have significant assets or a modest estate, proper planning is designed to protect what you've worked hard to build, provide for the people you love, and ease the burden on your family during an already difficult time.

While the legal documents are the tools used to carry out a larger plan, estate planning encompasses more than simply signing legal documents. The right estate plan depends on your family, your assets, your concerns, and your goals—and should be designed to work as a whole, both now and as life changes.

What is included in a Florida estate plan?

Every estate plan is unique and should be tailored to the individual’s specific circumstances, goals, and needs. A comprehensive Florida estate plan consists of several components, including legal documents and thoughtful planning, that work together to protect the individual’s interests and provide clear guidance regarding their wishes during life and after death.

Last Will and Testament

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Trust Planning

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Power of Attorney

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Health Care Advance Directives

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Estate Planning in Florida: What Families Should Know

Florida has its own set of laws that affect how estate plans are created, executed, and administered. If you've recently moved to Florida or if your current estate plan was drafted in another state, it's important to have your documents reviewed by a Florida attorney.  A review can help make sure your estate plan complies with Florida law and reflects your current wishes.  

Here are a few things Florida families should keep in mind:

Homestead Protections

Florida's constitution provides significant protections for homestead property, including restrictions on how the home can be transferred through a will if you have a surviving spouse or minor children. These rules can affect your estate plan in ways that aren't always obvious, especially for blended families.

Witness and Notarization Requirements

Most estate planning documents in Florida require signatures in the presence of two witnesses and a notary public, with all parties physically present at the same time. Following these legal requirements helps ensure your documents will be recognized and your wishes carried out when they are needed most.

Elective Share

In some cases, Florida law gives a surviving spouse the right to claim a portion of the deceased spouse's estate, even if the will says otherwise. This is known as the elective share, and it can have a significant impact on how assets are distributed. Careful estate planning can help families understand these rules and plan in advance.

Out-of-State Documents

If your estate planning documents were prepared in another state, they may still be valid in Florida. However, whether they will be recognized depends on the type of document, the requirements of the state where it was originally signed, and Florida law. A review with a Florida attorney can clarify whether any updates are needed.

Florida Estate Planning FAQs

When should I start estate planning?
How often should I update my estate plan?
Do I need an attorney to create an estate plan in Florida?
What is the difference between elder law and estate planning?
What areas of Florida does HKH Elder Law serve?

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HKH Elder Law is a Florida-based elder law firm serving families across the state from our office in St. Petersburg.

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