Let us help you prepare not only for the road ahead, but for those you will leave behind.

Eliot Dempsey is a Miami-based Wills, Trusts and Estate Planning Attorney who serves clients throughout South Florida. The Probate Administration process in Florida can be an arduous process. In order to ensure that process is properly navigated, an attorney can be a reliable resource. The Dempsey Law Firm provides legal services such as the drafting of a will and the creation of trusts for clients across the state of Florida.

The Dempsey Law Firm seeks to be an asset for clients in Miramar, Pembroke Pines, Weston, Davie, Southwest Ranches and Plantation through the difficulties of the Probate Administration process. Unforeseen complications unfortunately can and do arise between beneficiaries, personal representatives, trustees and an attorney who has experience with the laws of the State of Florida can be helpful. 

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.

In addition, Florida estate planning law includes strong protections for surviving spouses and families. These include homestead protections, restrictions on devising homestead property, the spousal elective share, family allowance, and creditor exemptions. Estates are subject to probate administration unless assets pass by beneficiary designation or trust, and Florida provides both formal and summary probate procedures depending on estate size and complexity. Overall, Florida’s estate planning laws are designed to balance personal autonomy, family protection, and orderly transfer of wealth, making thoughtful planning essential to ensure assets are handled efficiently and according to one’s intent.