Orlando, Central Florida & nationwide by video

Estate Planning in Florida, So Your Family Is Never Left Guessing

You worked a lifetime for your home, your savings and the people you love. We make sure your will, trust, beneficiaries and retirement accounts all say the same thing, and work alongside your estate attorney so your wishes are carried out.

  • Find the gaps that could send your family to probate court
  • Make sure your IRA, 401(k) and life insurance go where you intend
  • Protect your spouse if one of you gets sick first

Always free. No pressure, no obligation. Virtual or in person in Orlando.

Roger Fishel
Roger FishelIndependent retirement planner. 20+ years helping Florida families protect what they built.
20+ YearsGuiding Florida retirees and their families
IndependentAdvice built around you, not one product
$0Cost for your estate plan review
FL & NationwideIn person in Orlando or by video
Retired couple organizing a binder of family estate documents at their Florida dining table

Estate planning basics

What Is Estate Planning?

Short answer: Estate planning is deciding who receives your home, savings and belongings, who makes decisions if you cannot, and how to pass it all on with as little court time, cost and conflict as possible. In Florida that usually means a will or trust, a durable power of attorney, healthcare directives and up-to-date beneficiary designations.

Most people think of estate planning as a will in a drawer. The families who have the smoothest experience are the ones whose documents, accounts and beneficiaries were checked together and kept current.

Neither the firm nor its agents or representatives may give tax or legal advice. We work alongside your estate planning attorney and CPA.

The gap most families miss

Your Will Doesn't Control Most of Your Money

For many retirees, the biggest assets are an IRA, a 401(k), life insurance or an annuity. Those pass by the beneficiary form on file with each company, not by your will.

If a form is outdated, missing or names the wrong person, it can override everything your attorney wrote. This is where a financial planner and an estate attorney need to work together, and it is often the first thing we check.

Have my beneficiaries checked free

Controlled by your will

Home in your name only
Bank accounts with no payable-on-death
Car, jewelry and belongings
Brokerage accounts with no transfer-on-death

Usually goes through probate

Controlled by beneficiary forms

IRA and Roth IRA
401(k), 403(b) and TSP
Life insurance
Annuities
Accounts with TOD or POD

Passes directly, even if your will says otherwise

Simplified for education. How each asset passes depends on how it is titled and on Florida law.

The essentials

The Four Documents Every Florida Plan Needs

Each one does a different job. They only protect your family when they work together, and the right mix depends on your situation.

Will

Last Will and Testament

Says who receives what, names your personal representative and names guardians for minor children. Assets that pass under a will go through probate.

Trust

Revocable Living Trust

Can help assets skip probate, keeps your affairs private and lets a successor trustee step in if you become incapacitated.

POA

Durable Power of Attorney

Names someone to handle money and legal matters if you cannot. Without one, your family may need a court guardianship just to pay your bills.

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Healthcare Directives

A living will and healthcare surrogate say what care you want and who decides when you cannot speak for yourself.

The fifth piece: beneficiary designations and account titling. They tie the documents to your actual money. We review them with you

60-second Legacy Check

Would Your Plan Work If Something Happened Tomorrow?

Tap each statement that is true for you.

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Tap the statements that fit you. Even one can mean your family would face delays or court time.

Review My Answers With Roger

Wills vs. trusts

Will or Trust in Florida? A Side-by-Side Look

Neither is right for everyone. Here is how they compare on the questions families ask most.

QuestionWillRevocable living trust
Goes through probate?Yes, for assets in your name aloneAssets titled to the trust can skip probate
Private?Becomes part of the court recordGenerally stays private
Helps if you become incapacitated?No, you also need a power of attorneyYes, a successor trustee can step in
Names guardians for minor children?YesNo, you still need a will
Property in another state?May need probate in that state tooCan help avoid a second probate
Upfront workSimpler to set upMore setup, and accounts must be retitled

General education, not legal advice. Your estate planning attorney drafts the documents; we help make sure your accounts and beneficiaries match them.

Quick reference

Florida Estate Planning Facts for 2026

Florida rules help families in some ways and surprise them in others.

Rule2026Why it matters
Florida estate or inheritance taxNoneFlorida does not tax estates or inheritances. Federal estate tax still applies to very large estates.
Federal estate tax exemption$15 millionPer person ($30 million for a married couple). Most families owe no federal estate tax, but planning still matters for probate, taxes on IRAs and family harmony.
Homestead inheritance limitsSpouse or minor childIf you leave a spouse or minor child, Florida's constitution limits who can inherit your home, even if your will says otherwise.
Homestead property tax exemptionUp to $50,000Plus the Save Our Homes cap of 3% a year on assessed value. Both need the home to be your Florida residence.
Durable power of attorney2 witnesses + notaryFlorida does not allow new "springing" powers of attorney, and the wording must say it survives incapacity.
ProbateCourt supervisedAssets in your name alone, with no beneficiary or trust, usually go through Florida probate.

Sources: IRS, Florida Constitution and Florida Statutes, current as of 2026. Laws change, so confirm the details for your situation with your attorney.

Roger Fishel reviewing a retirement plan with clients in Orlando

How it works

Your Free Estate Plan Review in Three Steps

1

A relaxed conversation

Tell us about your family, your home and your accounts, and what worries you most. In person in Orlando or by video.

2

Your gap review

We compare your documents with your actual accounts and beneficiary forms, and show you where the gaps and probate exposure may be.

3

Coordinate and keep it current

We work with your estate attorney and CPA to close the gaps, then review your plan as your family and Florida law change.

No cost, no pressure and no obligation to change anything.

Not ready to talk yet?

Get the Free 2026 Florida Retirement Checklist

16 pages and 40 steps, including the documents, residency and homestead steps Florida retirees often miss.

Free resources

Estate and Legacy Guides for Florida Families

Plain-English articles from Roger Fishel on protecting your home, your savings and your family.

Estate and Legacy Planning in Florida: The Complete Guide

Wills, trusts, homestead rules and the common mistakes that can cost your family.

Read the guide

Long-Term Care Planning in Central Florida

Protecting your savings and your spouse before care starts and after it begins.

Read the guide

Retirement Planning for Widows

The money decisions that come first after a loss, and the ones that can wait.

Read the guide

Snowbird to Resident: Establishing Florida Domicile

The steps that make Florida your legal home, including updating your documents.

Read the guide

Roth Conversions and Your Heirs

How paying tax now may leave your children a tax-free inheritance instead of a tax bill.

Read the guide

Retiring in Florida: The Complete 2026 Guide

Costs, taxes, healthcare and where to live, from someone who helps Floridians retire.

Read the guide

See all articles

Roger Fishel, retirement planner in Orlando, answering estate planning questions

Frequently asked questions

Florida Estate Planning FAQs

Straight answers to the questions Florida retirees and families ask us most.

What is estate planning and why is it important in Florida?

Estate planning is the process of organizing your assets, legal documents and healthcare directives so your wishes are carried out if you become incapacitated or pass away. For Florida retirees, a good plan helps avoid unnecessary probate delays, protect beneficiaries, coordinate retirement accounts and insurance, reduce family conflict and maintain privacy.

Do I need a will in Florida?

Yes. If you own property, have children or want control over how your assets are distributed, you need a valid Florida will. Without one, Florida intestacy laws decide who receives your assets, which may not reflect your wishes. We offer a complimentary review to help you see how your will fits with your retirement accounts, life insurance and beneficiary designations.

What happens if I die without a will in Florida?

Your estate goes through Florida probate under the state's intestacy laws, and the court decides how your assets are distributed based on your family structure. That can mean delays, added legal costs, court involvement and distributions that do not match your intentions.

Does Florida require probate?

Many Florida estates must go through probate unless assets are properly structured. Assets that may avoid probate include retirement accounts and life insurance with named beneficiaries, assets held in a trust and properly titled joint property. Coordinating account titling and beneficiary designations is a critical part of estate planning in Florida.

What is the difference between a will and a trust in Florida?

A will directs how your assets are distributed after death and must go through probate. A trust may allow assets to pass outside of probate, offering privacy and efficiency. Whether you need a trust depends on your estate size, privacy concerns, family situation, out-of-state property and whether you have minor children or a family member with special needs. We coordinate with qualified Florida estate planning attorneys to find the right structure.

How does estate planning coordinate with retirement accounts?

Your will does not control your retirement accounts. IRAs, 401(k)s and life insurance pass by beneficiary designation, so if those designations are outdated or conflict with your will, your plan can fail. Estate planning for Florida retirees should include beneficiary reviews, required minimum distribution planning, tax coordination, spousal protection and multi-generational planning.

Is there an estate tax in Florida?

No. Florida does not have a state estate tax or inheritance tax. Federal estate tax may apply to very large estates. Even if estate tax does not affect you, planning is still critical for asset protection, probate efficiency, beneficiary coordination and tax efficiency for your heirs.

Do you write wills and trusts?

No. Wills, trusts and powers of attorney are legal documents drafted by an estate planning attorney. We help you decide what you need, make sure your accounts, beneficiaries and insurance match your documents, and coordinate with your attorney. If you do not have one, we can suggest a few to consider.

What happens in a free estate plan review?

It is a relaxed conversation about your family, your home and your accounts. We point out a few areas that may be worth a closer look, such as outdated beneficiaries or assets that could end up in probate. There is no cost and no obligation.

Did not see your question? Ask it in a free session.

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