Estate Planning in Florida – Wills, Trusts & POA
Clear, Florida-Specific Plans That Actually Work
Your estate plan should be simple, practical, and legally sound. At Smith Will & Trust, we help Florida families create wills, revocable trusts, powers of attorney, and health care directives that actually work when life happens. Our offices in Tampa and St. Petersburg serve the entire Tampa Bay region with clear guidance and step-by-step solutions designed for your life not just for a binder.
What You Really Need – and Why It Matters
An estate plan is more than just a will. In Florida, a complete plan typically includes:
Will
Names guardians for minor children, appoints a personal representative, and directs “leftover” assets.
Revocable Living Trust
Keeps most assets out of probate, adds disability management while you’re alive, and ensures private, efficient transfers after death.
Durable Power of Attorney
Lets a trusted person manage your finances if you become incapacitated. Florida’s strict signing requirements make this document crucial.
Health Care Surrogate & Living Will
Covers medical decision-making and end-of-life preferences.
HIPAA Release
Gives your loved ones access to medical information when they need it most.
Beneficiary Designations & Deeds
Ensures your plan is properly “funded” so assets pass as intended.
Florida law sets very specific execution rules for wills, POAs, and health care documents—two witnesses are required, and a notary is strongly recommended for self-proving affidavits. We handle every step so your documents are valid and enforceable.
Will vs. Trust – The Plain-English Difference
A will-only plan usually sends your estate through probate, which is a public court process. For very simple situations, this may be acceptable, but it is slower and can cost up to 3% of your estate in statutory fees.
A trust-based plan uses a funded revocable trust to avoid probate entirely. It also provides built-in disability planning so someone can manage trust assets if you can’t. A “pour-over” will backs up the trust to catch anything not transferred into it.
Our team will explain the pros and cons of each approach and help you choose the right option for your goals, whether you want maximum privacy, lower costs, or the ability to manage multi-state property smoothly.
How We Build Your Florida Estate Plan
We take the guesswork out of the process:
Listen First :
We start by understanding your family, assets, and priorities.
Design in Plain English :
We present clear options and make recommendations, explaining trade-offs in everyday language.
Draft & Execute :
Your documents are drafted and signed under proper Florida formalities.
Fund the Trust:
We help retitle assets, update beneficiaries, and record deeds so your trust actually works.
Keep It Current:
Life changes, and so should your plan. We offer reviews every 3–5 years or after major events.
Planning for Real-Life Situations
Every family has unique concerns. We regularly help with:
- Blended Families – Balancing fairness while preventing future conflict.
- Special-Needs Beneficiaries – Setting up supplemental needs trusts that preserve benefits.
- Business Owners – Coordinating buy-sell agreements, successor planning, and voting control.
- Florida Homestead Property – Navigating homestead restrictions, rental property titling, and second homes.
- Snowbirds & Multi-State Assets – Aligning your Florida plan with out-of-state property and tax rules.
Who We Help
Our clients include parents, caregivers, retirees, blended families, physicians, entrepreneurs, and snowbirds who need clear, Florida-specific guidance. Whether your estate is modest or complex, our mission is the same: to give you peace of mind and a plan that works when it counts.
Why Trust Smith Will & Trust?
Your documents are reviewed and executed by licensed Florida attorneys. Christian Edward Smith (Bar #1039145) is listed with The Florida Bar at our Tampa office and personally oversees each plan. Our goal is to make sure your wishes are carried out the first time without court battles, delays, or unnecessary expenses.
Preparing for Your First Consultation
Bring:
- A rough list of assets (homes, accounts, businesses)
- Copies of any old wills or trusts
- Names of guardians, personal representatives, and trustees
- Your top three goals (e.g., avoid probate, protect a beneficiary, provide for charity)
This information allows us to design a tailored plan quickly and efficiently.
Areas We Serve
We proudly work with clients across Tampa Bay and Central Florida from three convenient locations:
- Tampa Office: 4830 W. Kennedy Blvd., Suite 600, Tampa, FL 33609
- St. Petersburg Office: 360 Central Ave., Suite 800, St. Petersburg, FL 33701
FAQs
Do I need a trust if I own a Florida home?
Often yes—funding a revocable trust can avoid probate, speed transfers, and provide disability management.
What makes a Florida will valid?
Florida law requires two witnesses and, ideally, a self-proving affidavit. We supervise the entire process to ensure compliance.
What’s the difference between a durable POA and a health care surrogate?
A durable POA covers financial and legal matters and must be signed with witnesses and a notary. A health care surrogate handles medical decisions and requires two witnesses.
How often should I update my plan?
After any major life change—marriage, divorce, birth, death, or new assets—or at least every 3–5 years to keep your plan current.
Ready to Get Started?
Protect your family, avoid probate, and make sure your wishes are followed.