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Estate planning is one of the most important investments you can make for your family — yet many Florida residents put it off, unsure where to start or assuming it's only for the wealthy. The reality is that everyone needs an estate plan, regardless of the size of their estate. At The Dempsey Law Firm, attorney Eliot Dempsey helps individuals and families throughout Miami and South Florida create clear, legally sound estate plans that protect what matters most.

Estate Planning Documents We Prepare

A complete Florida estate plan typically includes several key documents:

• Last Will and Testament — Specifying who receives your assets and, if you have minor children, who will serve as their guardian if you pass away

• Revocable Living Trust — Allowing your estate to avoid the time and expense of Florida probate while maintaining full control of your assets during your lifetime

• Durable Power of Attorney — Authorizing a trusted person to manage your financial affairs if you become incapacitated

• Health Care Surrogate Designation — Naming someone to make medical decisions on your behalf if you cannot

• Living Will (Advance Directive) — Documenting your wishes regarding life-sustaining treatment

Why Avoiding Probate Matters in Florida

Florida's probate process can take anywhere from six months to two years, and it comes with court costs and attorney fees that reduce what your family ultimately receives. A properly structured revocable living trust allows your assets to pass directly to your beneficiaries without going through probate — saving time, money, and stress during an already difficult period.

Estate Planning for Every Life Stage

Whether you're a young parent who needs to designate a guardian for your children, a business owner protecting your company's future, or a retiree looking to simplify the transfer of assets to the next generation, The Dempsey Law Firm tailors its approach to your specific situation. Many clients are surprised by how straightforward the estate planning process can be with the right attorney guiding them. Attorney Dempsey takes the time to explain your options clearly, answer your questions, and make sure your documents are executed correctly under Florida law.

Serving Miami, Fort Lauderdale, Boca Raton and All of South Florida

The Dempsey Law Firm provides estate planning services to clients throughout Miami-Dade, Broward, and Palm Beach Counties, as well as statewide when needed. Contact us today to schedule your free consultation — call (305) 320-1141 or email eliot@thedempseylaw.com.. 

FAQ SECTION - ESTATE PLANNING

Do I need a will if I already have a trust in Florida?

Yes — even if you have a trust, Florida estate planning attorneys strongly recommend also having a "pour-over will." A pour-over will ensures that any assets you own at death that are not already in your trust are transferred into it, rather than passing through intestacy (the default rules for people who die without a will). Without a will, those assets may be distributed in a way that doesn't match your wishes. A complete estate plan in Florida typically includes a revocable living trust, a pour-over will, a durable power of attorney, a health care surrogate designation, and a living will.

What happens if I die without a will in Florida?

If you die without a valid will in Florida, you are said to have died "intestate," and Florida's intestacy laws determine who inherits your assets. The rules can produce surprising results — for example, if you are married and have children from a previous relationship, your spouse and those children may split your estate. Your assets will go through probate court, which can be time-consuming and expensive. Additionally, you will have no say in who serves as guardian for any minor children. Creating a will is the most basic step you can take to protect your family.

How does a revocable living trust avoid probate in Florida?

A revocable living trust is a legal document you create during your lifetime that holds your assets. Because the trust — not you personally — owns the assets, those assets do not go through Florida's probate process when you die. This can save your family significant time, money, and stress. You maintain full control of the assets during your lifetime, can change or revoke the trust at any time, and designate who receives the assets after your death. Florida's probate process can take 6–18 months or more, making trust-based planning especially attractive for South Florida residents with substantial assets or property.

What is a durable power of attorney in Florida and why do I need one?

A Florida Durable Power of Attorney (DPOA) is a legal document that authorizes someone you trust (your "agent") to manage your financial affairs — paying bills, managing investments, handling real estate transactions — if you become incapacitated and are unable to do so yourself. In Florida, a power of attorney must be signed before two witnesses and a notary public to be valid. Without a DPOA, your family may need to go to court to establish a guardianship to manage your affairs, which is a more expensive and time-consuming process. A DPOA is a critical component of any estate plan.

How much does estate planning cost with an attorney in Miami?

The cost of estate planning in Miami varies depending on the complexity of your situation and the documents needed. A basic will package may cost several hundred dollars, while a comprehensive plan that includes a revocable living trust, pour-over will, power of attorney, health care surrogate, and living will typically runs higher. Working with an attorney — rather than using an online service — ensures your documents comply with Florida's specific legal requirements and are tailored to your family and financial situation. The Dempsey Law Firm offers a free initial consultation so you can understand your options before committing to anything.

WHAT IS A WILL, AND DO YOU NEED ONE? WHAT IS A TRUST? WHAT IS PROBATE?

As part of The Dempsey Law Firm’s mission to better inform the residents of Broward County about wills, trusts, estate planning and probate in Florida, please be sure to read our blog for information on important Florida will and probate terms, issues and the answers to frequently asked questions. 

• Probate in Florida

• Wills in Florida

• Personal Representative in Florida

• The Estate and Creditors

• Trusts

• Formal vs. Summary Administration

If you are a resident of Miramar, Pembroke Pines, Weston, Davie and Plantation or anywhere in the South Florida area, feel free to contact our office for a free half hour consultation to determine if a will, trust and estate plan may be right for you.

Florida’s estate planning laws provide the legal framework for managing a person’s assets and decision-making authority during life and for distributing property at death. These laws are drawn primarily from the Florida Probate Code (Chapters 731–735), the Florida Trust Code (Chapter 736), and statutes governing powers of attorney, guardianship, and advance directives. Together, they allow individuals to plan for incapacity, avoid or streamline probate, reduce disputes, and ensure their wishes are carried out.

Estate planning in Florida commonly involves wills and trusts. A valid will must meet strict execution requirements, and it directs how probate assets are distributed and who serves as personal representative. Trusts—whether revocable living trusts or irrevocable trusts—are widely used to manage assets during life, provide privacy, protect beneficiaries, and potentially avoid probate. Florida law presumes trusts are revocable unless stated otherwise and imposes fiduciary duties on trustees, including loyalty, prudence, and disclosure to beneficiaries.

Florida law also emphasizes incapacity planning. Durable powers of attorney allow an appointed agent to manage financial and legal affairs if the principal becomes incapacitated, while health care surrogate designations and living wills address medical decision-making and end-of-life care. Guardianship laws apply when no valid planning documents exist or when existing documents are inadequate, and courts closely supervise guardians to protect vulnerable individuals.

Florida estate planning law offers strong protections for surviving spouses and families, including homestead protections, the spousal elective share, family allowances, and creditor exemptions. Estates may go through probate unless assets pass directly via trusts or beneficiary designations, with Florida providing both formal and summary probate procedures based on the estate’s size and complexity. Attorney Eliot Dempsey and the Dempsey Law Firm guide clients through these laws, helping ensure that assets are protected, family members are provided for, and wealth is transferred efficiently according to each client’s wishes.