Who inherits your assets? Who manages your affairs if you can't? Who speaks for you in a medical crisis? A complete Florida estate plan answers all three. Nussbickel Law builds your plan around those answers, usually finished in a single office visit, and we welcome clients from anywhere in Florida.
What documents make up a Florida estate plan?
Most complete plans combine five documents, each with a specific job:
- Revocable living trust: holds your assets so they pass to your family without probate, keeps your affairs private, and lets a successor trustee step in if you become incapacitated. Florida trusts are governed by Chapter 736, the Florida Trust Code.
- Last will and testament: names your beneficiaries and your personal representative. Paired with a trust, a “pour-over” will catches anything left outside the trust.
- Durable power of attorney: authorizes someone you trust to handle financial and property matters for you under Chapter 709, Florida Statutes.
- Designation of health care surrogate: names the person who makes medical decisions if you cannot speak for yourself (Chapter 765, Florida Statutes).
- Living will: records your own end-of-life care wishes, so the decision never falls on your family blind.
Why plan now rather than later?
Because the alternative is a court process. Without a durable power of attorney and health care surrogate, your family may need a guardianship proceeding to manage your affairs after an accident or illness. Without a will or trust, Florida's intestacy statutes in Chapter 732 decide who inherits. And Florida's homestead rules (Article X, Section 4 of the Florida Constitution) restrict how a home can be devised in ways that regularly surprise families, especially new residents. Planning while you are healthy costs a fraction of untangling things later.
If you have recently moved to Florida, your out-of-state documents deserve a review: they may remain valid, but Florida's homestead, witnessing, and power-of-attorney rules often make updated Florida documents the safer choice.
What is the process like?
- Free consultation. We learn about your family, your assets, and your goals, by phone, video, or in person.
- Design and drafting. We recommend a plan, draft the documents, and send them for your review through our secure portal.
- One signing appointment. You sign everything at our Fort Myers office with our witnesses and notary. For most clients, that single visit completes the plan.
- Funding guidance. If your plan includes a trust, we provide clear instructions for retitling assets so the trust actually works.
Estate planning questions we hear most
Is a will enough, or do I need a trust? A will works through probate; a funded trust avoids it. If you own a home plus financial accounts, a trust often saves your family time and cost later, but the honest answer depends on your assets, and we will give it to you plainly.
How often should I update my estate plan? Review it after any major life event (marriage, divorce, a death, a move to Florida, a significant purchase or sale) and otherwise every three to five years.
Who should be my agent or personal representative? Someone organized, trustworthy, and willing. They do not need financial expertise; they need judgment, and your documents give them professional help.
For more information, watch our Florida Estate Planning Q&A videos or contact us to schedule a free consultation.