Estate Planning Attorney in Florida
Planning for the future is one of the most important steps you can take to protect your family, preserve your assets, and ensure your wishes are carried out. Unlike other areas of law that deal with emergencies or disputes, estate planning is proactive. It allows you to decide how your property, finances, and even personal care will be managed in the event of incapacity or death.
At McGuire Law Offices, we help clients throughout Florida create customized estate plans that provide peace of mind and protect loved ones from unnecessary stress, taxes, and legal complications. From wills and trusts to probate and powers of attorney, we guide you through every option so your plan fits your unique goals.
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Wills in Florida
A properly drafted will ensures that your property is distributed according to your wishes—not the state’s default laws. If you die without a will, Florida law decides who inherits your estate, which may not align with your intentions. Additionally, if you have minor children, the court will appoint a guardian for them rather than someone of your choosing.
With over two decades of experience, Attorney John McGuire has prepared wills for clients from all walks of life, carefully considering family dynamics, tax implications, and long-term financial security. If you don’t have a will, or your current one is outdated, now is the time to update your estate plan.
Trusts: Privacy and Probate Avoidance
Many Floridians choose trusts to simplify the transfer of assets. A revocable living trust allows your estate to:
- Avoid probate court proceedings
- Maintain privacy (unlike a will, which becomes public record)
- Provide ongoing financial management in case of incapacity
- Transfer assets to heirs quickly and efficiently
Trusts can be revised at any time, giving you flexibility as your circumstances change. Attorney McGuire provides clear guidance on whether a will, a trust, or a combination of both is the right solution for your situation.
Florida Probate Law
When someone passes away, their estate must often go through probate, the court-supervised process of settling debts and distributing assets. Florida’s probate laws are detailed in Chapters 731–735 of the Florida Statutes, and the process can vary depending on the size and complexity of the estate.
Types of probate in Florida include:
- Formal Administration – for larger or contested estates
- Summary Administration – a simplified process for smaller estates
- Family Administration – when assets pass to surviving family members
- Disposition Without Administration – for very limited estates
McGuire Law Offices provides skilled probate representation to ensure assets are properly accounted for and heirs receive their rightful inheritance.
Powers of Attorney & Living Wills
Life is unpredictable, and incapacity can happen at any time. A power of attorney and living will ensure your financial and medical decisions are handled by someone you trust. Without these documents, a court may need to appoint a guardian, which can be costly and stressful for your family.
We help clients draft powers of attorney, health care surrogates, and living wills that respect their personal preferences and safeguard their independence.
Why Work with McGuire Law Offices?
- Decades of experience in estate planning, probate, and elder law
- Personalized attention—no two families have the same needs
- Comprehensive planning that addresses wills, trusts, probate, incapacity planning, and tax considerations
- Peace of mind knowing your legacy is secure and your loved ones are protected
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Don’t leave your family’s future to chance.
Whether you need to draft your first will, establish a trust, or navigate probate, McGuire Law Offices is here to help. Call us today at 727-446-7659 or schedule a consultation through our website
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Frequently Asked Questions
Estate planning can feel overwhelming, especially if it’s your first time navigating wills, trusts, probate, or incapacity planning. Many Floridians aren’t sure where to begin—or what documents they truly need to protect themselves and their families. At McGuire Law Offices, we’ve helped clients across Pinellas County and throughout Florida make sense of estate planning so they can prepare with confidence. Below are some of the most frequently asked questions we hear from clients.
If you pass away without a will, Florida’s intestacy laws determine who inherits your assets. This may not reflect your personal wishes and could create disputes among family members. A properly executed will ensures your intentions are honored.
Not everyone needs both, but many benefit from having both tools. A will allows you to name guardians for minor children, while a trust helps avoid probate, maintain privacy, and transfer assets efficiently. Attorney John McGuire can help you decide what combination best suits your situation.
A revocable living trust allows you to maintain control of your assets during your lifetime, while also providing for smooth transfer to beneficiaries upon your death—without probate. It can be amended or revoked at any time while you’re alive and competent.
Probate is the court-supervised process of settling an estate—paying debts and distributing assets. In Florida, probate can take anywhere from a few months to over a year, depending on the complexity of the estate. Having a trust can reduce or avoid probate altogether.
Yes. Strategic estate planning can minimize or even eliminate certain estate taxes and gift taxes. While Florida does not impose a state estate tax, federal tax considerations may apply, especially for larger estates.
A power of attorney allows you to appoint someone you trust to manage your financial and legal affairs if you become incapacitated. Without it, your family may need to go through guardianship proceedings in court, which can be costly and stressful.
A living will specifies your medical treatment preferences in case you’re unable to communicate. A health care surrogate is someone you designate to make medical decisions on your behalf. Together, they ensure your health care wishes are respected.
You should review your estate plan every 3–5 years, or whenever you experience major life changes—such as marriage, divorce, the birth of a child, or acquiring significant assets. Keeping your documents current ensures they reflect your true wishes.