Sarasota Estate Planning Lawyers

Those who are starting to plan for retirement, want to build generational wealth for their children, and protect their family members should they become physically or mentally incapacitated or unexpectedly pass away may benefit from developing comprehensive estate plans. Figuring out what should be included in these estate plans and determining which types of accounts families should focus on can be extraordinarily complex.

Fortunately, with the guidance of a knowledgeable estate planning attorney, families can develop these plans to ensure their loved ones are taken care of, and their assets are protected. Those ready to start their estate plans can contact our highly-regarded Sarasota estate planning attorneys from Luhrsen Goldberg for a confidential consultation.

Whether a couple has just married, had a child, or a grandparent is interested in updating their plan to include their grandchildren, the estate planning process is necessary at any stage. Moving to Florida from another state warrants a review of your estate plan, as changes to account for Florida law are often needed. Other life events, including divorce, remarriage or the death of a spouse also warrant estate planning. Our estate planning lawyers with Luhrsen Goldberg help individuals and families focus their efforts on the elements that make the most sense given their specific circumstances.

We can help individuals draft and create a will and help them set up and administer trusts, avoid probate court, plan for gift and estate taxes where applicable, and prepare for any possible tax consequences along the way. Having well-thought-out estate plans in place can only help protect families and their estates. Luhrsen Goldberg is a life and estate planning law firm committed to helping our clients ensure their estates are handled as intended when they become incapacitated or pass away.

When you create an estate plan, you want to get it right the first time. Those who choose to take advantage of the reputable Sarasota estate planning attorney services we offer at Luhrsen Goldberg can get help to create a full range of estate plans that ensure their assets, lifestyle, and after-death wishes are handled as desired. Some of the top benefits of having our estate planning lawyers near me include:

Asset distribution
Avoiding probate
Caring for dependents and family
Choosing a power of attorney
Developing asset protection plans
Establishing healthcare directives
Minimizing taxes
Peace of mind
End-of-life treatment decisions
Protecting assets
Remaining in compliance with state and federal law
Selecting beneficiaries

One of the most common reasons to look for an estate planning attorney near me is to get help setting up a will. A legally binding will establishes who benefits from your assets, both financial and real property. Many people think they do not need a will because they do not have a lot of “stuff.” But a will is about giving your family direction during a time when they are under the most duress. Those who have any type of estate, children, or surviving family members can benefit from having a will in place.

Our estate planning attorneys often work with families to determine which elements to include in the will, ensure that it is legally binding, and help beneficiaries if they believe a mistake was made or the will was executed fraudulently.

When drafting a will, the subject’s personal information, such as their name, date of birth, and address, may be included. It will also include a list of their personal items, finances, property, and other assets that the testator wants to be distributed under the terms of the will. The testator of the will needs to decide who to name as beneficiaries and which assets should be left to specific beneficiaries (heirs). The testator should also name a personal representative (also known as an executor) to ensure the assets are distributed as outlined in the will.

Those who have minor children may need to name someone to act as the child’s legal guardian in the event of incapacitation or death. It is crucial to discuss these wishes with family members, potential legal guardians, and beneficiaries in advance. This can help reduce the likelihood of a dispute. It is also important to keep in mind that the will can be updated and revised as life circumstances change.

For a will to be considered valid under Florida Statute § 732.502, it must meet specific requirements. First, it must be written, signed by the testator, and signed voluntarily in the presence of at least two witnesses.

In some cases, families may feel it necessary to contest a will per Florida Statute § 732.518. This often occurs when a family member or beneficiary feels the will was improperly executed, executed as a product of undue influence, or fraudulent. An “interested person,” as described under Florida Statute 733.212, may contest the will by filing a petition in probate court within three months of receiving initial notice from the administrator of the estate. At the hearing, parties will need to present evidence to support their claims, and a judge can determine whether the will should be considered valid.

Every estate planning situation is different. Generally, a straightforward will is less expensive than a plan that includes more complex elements like a trust. It is cost-effective in comparison; however, because a will goes through probate court, your family should be made aware of the emotional and financial cost of probate court.

Dying without a will is called intestate. If you die intestate, your assets will be distributed according to Florida intestate succession laws, as described under Florida Statutes § 732.101 – 732.111. The statute indicates the half or whole distribution of the estate depending on the family spouse and descendant situation.

If the decedent does not have children or a surviving spouse, then the decedent’s parents may have the right to the property and assets in question. In the absence of a surviving spouse, children, or parents, the decedent’s siblings can inherit the estate. Without a will, the probate court will distribute the decedent’s assets pursuant to Florida’s intestate statute.

Being able to pass on assets to beneficiaries is one of the most important elements of the estate planning process. To do this, we often recommend families set up trusts.

A trust allows the “grantor” to transfer ownership of the assets to a “trustee.” The trustee will then be responsible for managing the assets contained within the trust and ensuring the assets are distributed to beneficiaries as named in the official trust documents. Some of the top benefits associated with creating a trust include:

Avoiding probate
Protecting assets
Protecting beneficiaries

There are multiple types of trust that can be set up depending on the grantor’s wishes. There are two primary types of trusts that families are most interested in when setting up their estate plans. These include:

Revocable trusts – A revocable trust can be revoked or modified at any point while the grantor is still living. However, once the grantor dies, the trust becomes an irrevocable trust, handled by the successor trustee.
Irrevocable trusts – Irrevocable trusts typically cannot be modified or revoked after they have been created.

However, depending on a family’s specific circumstances, other types of trust can also be created. Some of the most common trusts our former clients have included as part of their estate plans include:

Asset protection trusts
Charitable remainder unitrusts
Generation-skipping trusts
Irrevocable life insurance trusts
Spendthrift trusts
Special needs trusts

Probate involves transferring a decedent’s assets to their heirs and beneficiaries. In Florida, probate is required for most estates with or without a will. If there is a will, the decedent should have named a personal representative when crafting their estate plans with our Sarasota estate planning attorneys. However, if the decedent did not name a personal representative or did not have plans in place, the court system can appoint a personal representative to manage the decedent’s estate.

Once the personal representative has been appointed or identified, creditors must be informed of the probate proceedings. This allows them to claim a portion of the decedent’s assets to pay off any outstanding debts. The creditors can be notified by contacting them directly or publishing the notice in a local newspaper.

Assets that go through probate should be named in the decedent’s will. The will should primarily name the beneficiaries and the assets that have been designated to each person. The decedent’s will must be deposited with the clerk of court within 10 days of the decedent’s death as described under Florida Statute § 732.901.

One of the key elements of the estate planning process is helping families avoid probate. When an estate goes through probate, it can take significantly longer for beneficiaries to access the assets and property that were left to them by the deceased. When creating estate plans, our clients can work with our Sarasota probate lawyers from Luhrsen Goldberg to include specific provisions that allow them to avoid probate. Here are some of the most common options for avoiding probate in Florida:

Setting up a living trust – With a living trust or revocable trust, any assets, including bank accounts, personal items, cars, and even real estate, can be placed into the trust to avoid those assets from being subject to the probate court. The items contained within the trust will remain private, and the grantor will maintain ownership of the property while they are alive. The transfer of the property to the successor trustee only occurs upon the death (or in some cases the incapacity) of the grantor. A living trust can be modified or revoked at any time while the grantor is still living.
Joint tenancy or ownership – By adding a joint owner to a property deed, savings account, or bank account, families may be able to avoid probate. However, the immovable property or account must be owned as joint tenants with survival rights. In Florida, when spouses own tangible property, immovable property, or accounts with survivors’ rights, they can do so through joint tenancy.
Transfer on death (TOD) for accounts, assets, and securities – When a transfer on death is registered, families can appoint multiple beneficiaries to assume ownership of the accounts once the person who created the TOD passes away, and thereby typically will avoid probate.

Florida does not have an estate tax. The estate tax has been abolished in Florida since 2004 when the federal government changed the tax credit to a deduction when filing state taxes. This means when families are drawing up their estate plans in Florida, they do not necessarily need to worry about state estate taxes. However, those who moved to another state and need to update their existing estate plans may need to prepare accordingly.

Florida does not have an inheritance tax either. But that does not mean other states’ inheritance tax laws will not have an impact on our client’s estate plans. The inheritance taxes apply in the state where the person inheriting from lived, not where the beneficiaries live. For this reason, it is important to speak with a legal representative with questions or concerns regarding potential tax consequences.

Unlike other states, Florida does not have a gift tax either. There is, however, a federal gift tax exemption. As of 2025, the federal gift tax exemption is $19,000. Once a client gifts more than $19,000 to a beneficiary in a single year, it can count against their lifetime exemption. The lifetime exemption for 2025 is $13.9 million, according to the Internal Revenue Service (IRS). For married couples, the federal lifetime exemption for 2025 is $27.8 million. This means if an estate is worth less than $13.61 million or $27.22 million for married couples, the estate will not need to pay any federal estate taxes. Anything above these rates is taxed.

Although drawing up estate plans can be intimidating, with our decades of combined insight and legal experience, families do not have to take on the estate planning process alone. Our firm can help individuals figure out which elements should be included in their estate plans, create and fund new trust accounts, manage and administer the estate, and safeguard their rights in the event of incapacity or death.

Those who need a Sarasota estate planning lawyer they can depend on to help them better protect their assets can turn to Luhrsen Goldberg for a confidential case evaluation. Reach out to our office by phone or through our confidential contact form to start drawing up your detailed estate plans as soon as today.