Question 1

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

Accepted Answer

Yes. Even if you have a revocable living trust in Florida, you still need a 'pour-over will' as a safety net. This will captures any assets not yet transferred into your trust and ensures they ultimately pass according to your wishes. Without it, assets outside the trust may pass through intestate (no-will) succession.

Question 2

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

Accepted Answer

A will in Florida takes effect only at death and must go through probate court before assets transfer to heirs. A revocable living trust takes effect immediately, allows you to manage assets during your lifetime, and passes assets to beneficiaries without probate — saving time, costs, and keeping your estate private.

Question 3

How does Medicaid planning work in Florida?

Accepted Answer

Medicaid planning in Florida involves legally restructuring assets and income to help you or a loved one qualify for Florida Medicaid long-term care benefits while preserving family wealth. Strategies may include irrevocable trusts, asset transfers, spousal protection plans, and spend-down strategies. It is critical to start planning early — ideally years before care is needed — because Medicaid has a 5-year look-back period.

Question 4

What happens if I die without a will in Florida?

Accepted Answer

If you die without a will in Florida (called dying 'intestate'), Florida's intestacy laws determine who inherits your assets. Generally, your assets pass to your closest relatives — spouse first, then children, then other relatives — in a specific order set by Florida law. This process goes through probate court and may not reflect your actual wishes. Having a will ensures your estate is distributed the way you intend.

Question 5

What does board certified elder law attorney mean?

Accepted Answer

Board certification in elder law is one of the highest credentials a Florida attorney can earn. It requires demonstrating substantial, verified experience in elder law practice, passing a rigorous written examination, and receiving peer endorsements from fellow attorneys. Fewer than 1% of Florida attorneys are board certified in elder law. When you work with a board certified elder law attorney like Stacey Schwartz Perez, you are working with a formally recognized specialist.

Question 6

How much does estate planning cost in Orlando?

Accepted Answer

At Schwartz Perez Law, most estate planning services are offered on a flat-fee basis, so you always know the cost before we begin — no billing surprises. The cost varies depending on the complexity of your plan (a simple will vs. a comprehensive trust-based estate plan). We discuss pricing transparently during your free initial consultation.

Question 7

Can I do estate planning virtually in Florida?

Accepted Answer

Yes. Schwartz Perez Law offers fully virtual estate planning consultations for clients throughout Florida. You can meet with Stacey via phone or video call, review documents electronically, and complete your estate plan without ever visiting our Orlando office — though in-person appointments are also available.

Question 8

How do I choose a healthcare surrogate in Florida?

Accepted Answer

A healthcare surrogate in Florida is someone you designate to make medical decisions on your behalf if you become unable to do so. You should choose someone you deeply trust, who understands your values and wishes, and who can handle difficult decisions under pressure. Your designation is formalized in a Florida Healthcare Surrogate Designation document, which is part of a comprehensive estate plan.

Question 9

How do I avoid probate in Florida?

Accepted Answer

Common ways to avoid probate in Florida include establishing a revocable living trust and transferring assets into it, designating beneficiaries on financial accounts and life insurance, holding property as joint tenants with right of survivorship, and using Lady Bird (enhanced life estate) deeds for real estate. An estate planning attorney can help you choose the right strategy for your situation.

wills and trusts | Schwartz Perez Law

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