WILLS & TRUSTS · FORT LAUDERDALE, FLORIDA
Wills & trusts that protect the people you love.
Why every Florida family needs a plan
If you pass away without a will, Florida’s intestacy laws decide who inherits your property, and a court appoints someone to manage your estate. That outcome may not match your wishes, especially for blended families, unmarried partners or families with minor children.
A well-drafted estate plan lets you name the people who will carry out your wishes, choose who receives your assets and when, and spare your family a long court process at an already difficult time.
Will or trust: what’s the difference?
A last will and testament tells the court how to distribute your property and who should serve as your personal representative. A will generally goes through probate, the court-supervised process of paying debts and transferring assets.
A revocable living trust holds your assets during your lifetime and passes them to your beneficiaries privately, without probate, as long as the trust is properly funded. You stay in control and can change the trust at any time. Most trust-based plans also include a pour-over will, a safety net that moves anything left outside the trust into it.
What a Maimone Legal plan can include
- Revocable living trust and certificate of trust
- Pour-over will or stand-alone last will and testament
- Quitclaim or warranty deed to move your home into your trust
- Personal property memorandum for heirlooms and items of sentimental value
- Guardian designations for minor children
- Durable power of attorney, health care surrogate and living will (see POA & health care directives)
We recommend only the documents your situation needs, and every document is a flat fee, so you know the cost before we begin.
How the process works
- Free 20-minute call. Tell us about your family and goals.
- Comprehensive evaluation. We review your family, assets and objectives.
- Recommendations. We propose the documents your plan needs.
- Drafting and review. We prepare your documents and walk you through every page.
- Signing. Florida wills must be signed in front of two witnesses; we coordinate witnesses and a notary.
- Funding your trust. We help retitle your home and accounts so the trust works as intended.
FLORIDA AT A GLANCE
- Florida wills must be signed at the end by you and two witnesses who sign in each other’s presence.
- A self-proving affidavit, signed before a notary, lets the court accept your will without tracking down witnesses.
- Florida does not recognize handwritten, unwitnessed (holographic) wills.
- A properly funded revocable trust lets assets pass without probate.
- Owning Florida real estate while living elsewhere can mean a second, “ancillary” probate in Florida.
Talk it through with our team
WHO THIS IS FOR
Plans for every chapter of life
New homeowners
Parents of young children
Blended families
Families planning ahead
New U.S. residents & investors
Business owners
COMMON QUESTIONS
Questions families ask
A will alone still goes through probate. A revocable living trust lets your assets pass to your family privately, without the delay and fees of probate. Many families choose a trust plus a pour-over will.
Florida’s intestacy statute decides who inherits, and a court appoints a personal representative. That may not match your wishes, especially in blended families or for unmarried partners.
Yes. A will can be updated, and a revocable trust can be amended or restated as your life changes: a new home, a new child, a move or new investments.
Generally, a will validly executed in another state is valid in Florida, but holographic and oral wills are not. It is wise to have a Florida attorney review an out-of-state will after you move.
A rough list of what you own (homes, accounts, investments, businesses), the people you want to provide for, and any existing wills or trusts.
