Fort Lauderdale Estate Planning Attorney for Wills & Trusts

Who we assist

Individuals and couples with no plan in place. People who have never signed a will, trust, power of attorney or health care designation, or who are not sure what they have.

Parents and families. Parents naming guardians for minor children, since Florida law requires appointing a guardian for minors until age 18, and families with blended households, adult children, or a beneficiary who needs ongoing management of what they receive to protect loved ones and plan for a family's future. Families with unique needs may also need tailored trust planning, including special needs trusts where appropriate.

Florida property owners. Owners of a home, rental property or other real estate who want to decide how it passes and who manages it, with attention to asset protection for property and investments. Out-of-state and international owners of Florida property are a regular part of this work.

Business owners. Owners who want their ownership interest to pass in an orderly way, which often means coordinating the personal plan with the company's operating agreement or shareholder agreement.

People whose documents are out of date. A document signed years ago may not reflect a marriage, divorce, birth, death, move or change in property since. An experienced attorney can review whether older documents still fit current Florida law and current goals.

Which document does what

• Will: names who receives property titled in your name, who serves as personal representative, and who is guardian of minor children, which matters because Florida law requires a guardian for minors until age 18. It takes effect at death and generally goes through the probate court. Florida wills must also meet specific execution formalities, including two witnesses and a self-proving affidavit.
• Revocable living trust: a written arrangement in which a trustee holds property under terms you set. Like other revocable trusts, it can take effect during life and name who manages the property if you cannot. It controls only the property that is titled in the trust or directed to it.
• Durable power of attorney: names someone to handle financial matters if you cannot, and durable powers are often a key part of planning for incapacity.
• Health care surrogate designation and living will: name who makes medical decisions for you and record your wishes about end-of-life care. Living wills, together with related incapacity documents, can help reduce court involvement if you cannot act for yourself.

Which of these fit depends on your family, your property and your goals. That choice is made with the attorney, after assessment, not on the first call, so the right documents help you keep control of decisions and property.

When to contact a wills and trusts attorney

The useful moment is almost always earlier than people expect, especially when you are planning for the future.

• You have no will or trust, or you are not sure the ones you have are valid in Florida and need help with related estate matters.
• You have had a major life change: marriage, divorce, a birth, a death in the family, or a move to or from Florida.
• You bought, sold or inherited property, or want to change how real estate is titled to protect assets and address taxes where relevant.
• You own or are starting a business and want to plan for what happens to your interest.
• You are a parent of minor children and have not named a guardian.
• A family member or beneficiary has special needs or may not be ready to manage money directly.
• You were named personal representative or trustee and are unsure what the role requires in trust administration, including responsibilities for trustees.
• You want to plan early because proper planning can help reduce inheritance disputes among beneficiaries, minimize taxes and inheritance disputes, and protect against later legal problems, including with strategies that safeguard wealth from lawsuits.

How the engagement works

1. Initial Case Assessment & Firm-Fit Call. The first conversation is conducted by a non-attorney member of the firm's team, working under the Managing Partner's supervision. The purpose is to identify what you want to put in place, who is involved, whether there are deadlines and whether the matter fits the firm's practice. If the matter involves probate administration or guardianship, the firm identifies the key deadlines, filing needs, and overall legal process at the outset. This call does not include legal advice and does not include review of your documents.
2. Conflict review and attorney assessment. The firm runs a conflict check and the Managing Partner assesses the proposed engagement. Whether the firm can take the matter is decided at this stage.
3. Written engagement agreement. Scope and fees are set out in writing and agreed before substantive work begins. Document review and drafting are part of the engaged work, not part of the earlier stages.
4. The work. Review of any existing documents, drafting, and a signing meeting arranged to meet Florida's formal signing requirements, as set out in the engagement. For probate and trust administration, the engaged work may also include court filings, creditor notifications, and trustee or personal representative duties, depending on the engagement.

If a dispute has already begun, or someone has died and an estate needs to be opened, say so in the first conversation, because it changes how the matter is assessed and which deadlines apply; for qualifying estates, summary administration may be a streamlined option, and in Florida some matters, such as emergency temporary guardianship, can require immediate action.

Quick answers before you call

Does a will avoid probate? No. A will generally goes through probate. Property held in a properly funded trust, or that passes by beneficiary designation or joint ownership with rights of survivorship, often passes outside probate. Depending on your family situation and assets, trust planning may also be used for tax planning, and trusts can help minimize estate taxes effectively.

Is a trust enough on its own? Often not. A trust controls only the property placed in it, so many plans pair it with a will for anything left outside the trust. It also needs to be properly funded and coordinated with titling to work as intended, and that coordination can affect taxation.

Can I change my documents later? Generally yes, while you have the capacity to do so, and a change in family or property is a common reason to review them, including after marriage, divorce, a move, or because Florida gives a surviving spouse the right to claim 30% of the elective estate regardless of a will. How to change a document depends on its type and wording.

What to prepare for an initial assessment

Have ready to describe: what you want to put in place, who your spouse, children and other intended beneficiaries are, who you would trust to manage your affairs or a loved one's affairs if needed, and whether you already have a will, trust, power of attorney or health care designation.

A general list of assets: real estate, bank and investment accounts, retirement accounts and life insurance (including who is named as beneficiary), vehicles, and any business interest. Approximate values are enough, and this helps the attorney spot asset protection issues involving lawsuits, vulnerable family members, or financial abuse risks.

Submit only when authorized: do not send existing documents or financial records before an engagement agreement is signed. Document review is part of the engaged work under a signed engagement agreement, not part of the assessment call.

Gavin's role

Gavin T. Elliot, Esq. is the Founder and Senior Managing Partner of The Elliot Legal Group, P.A., an experienced attorney. All legal judgment on a matter, including whether the firm accepts it and which documents are recommended, rests with him, along with guidance tailored to each client's situation. Earlier stages of contact, including the Initial Case Assessment & Firm-Fit Call, are handled by non-attorney staff under his supervision and do not involve legal advice.

You can verify an attorney's credentials, good standing, expertise, and ethics through The Florida Bar directory or local bar associations.

Ready to talk it through? Request an Initial Case Assessment. Have ready: a short description of what you want to put in place, your intended beneficiaries, a general list of your property, and any existing documents you already have. The Elliot Legal Group, P.A. works with Fort Lauderdale and Broward County individuals, families and business owners.