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Estate Planning Attorney Fort Myers FL
Fort Myers & Lee County Estate Planning Attorneys
Estate planning is not about death — it is about protecting the people you love and making sure your wishes are carried out exactly as you intend. A well-structured estate plan ensures your assets go to the right people, avoids costly and public probate proceedings, protects your spouse and children if something happens to you, and gives you and your family a clear path forward.
Martin Law Firm's estate planning attorneys serve Fort Myers, Cape Coral, Naples, and all of Southwest Florida. We have helped hundreds of families — from young professionals with minor children to retirees managing complex assets — create plans that are clear, comprehensive, and properly executed under Florida law.
Snowbird Residents & Part-Year Florida Residents
If you live part-time in Southwest Florida, your estate plan needs to be structured for Florida — especially if you own real property here. An out-of-state will may not be optimally structured for Florida's probate system, and Florida's Lady Bird deed and homestead laws have unique implications. We advise part-year residents and second-home owners on Florida-specific planning.
Estate Planning Documents Every Florida Adult Should Have
A complete Florida estate plan goes well beyond a will. Here are the core documents and what each one does:
Last Will and Testament
Directs how your probate assets are distributed, names your personal representative, and designates a guardian for minor children. Goes through probate — but still essential as a foundation and safety net.
Revocable Living Trust
Holds assets outside of probate, distributes them privately at death, and is particularly valuable for estates with real estate or assets in multiple states. Fully revocable and modifiable during your lifetime.
Durable Power of Attorney
Authorizes a trusted person to manage your finances if you become incapacitated. Without one, your family may need court guardianship — a costly, time-consuming process — to pay your bills.
Healthcare Surrogate Designation
Names someone to make medical decisions for you when you cannot. Works alongside your Living Will to ensure your treatment preferences are followed by the right person.
Living Will (Advance Directive)
States your wishes for end-of-life care — life support, resuscitation, pain management — in writing, so your family does not face those decisions without guidance from you.
Lady Bird Deed
Transfers Florida real property to beneficiaries at death without probate, while you retain full control (including the right to sell) during your lifetime. Preserves the stepped-up basis for heirs.
Lady Bird Deeds — A Powerful Florida-Specific Tool
Florida is one of a small number of states that recognize the Enhanced Life Estate deed — commonly called the Lady Bird deed. It is one of the most efficient estate planning tools available for Florida homeowners because it accomplishes multiple goals simultaneously:
- Avoids probate. Property passes directly to named beneficiaries at your death without a court proceeding — saving 6 to 12 months and thousands of dollars in probate costs.
- Stepped-up tax basis. Your beneficiaries receive the property with a tax basis equal to its fair market value at your death — potentially eliminating capital gains tax if they sell shortly after inheriting.
- You stay in control. You can sell, mortgage, rent, or change the beneficiaries at any time without needing their consent. The transfer only takes effect at your death.
- Homestead protection preserved. The property retains its Florida homestead exemption and Save Our Homes assessment cap while you are alive.
Is a Lady Bird deed right for your property?
Lady Bird deeds work well for primary residences and investment properties. There are specific considerations for properties with existing liens, properties owned jointly, and properties with title complications. Our attorneys review your specific property during the consultation before recommending the approach.
Trusts vs. Wills: Which Is Right for Your Fort Myers Estate?
The choice between a will-based plan and a trust-based plan depends primarily on your assets, family situation, and priorities. Here is a straightforward comparison:
| Factor | Will Only | Revocable Living Trust + Will |
|---|---|---|
| Probate | Required for probate assets | Avoided for assets in trust |
| Privacy | Becomes public record upon probate | Remains private |
| Cost at death | Probate costs (court fees + attorney time) | Minimal — successor trustee distributes directly |
| Multiple states | Ancillary probate in each state with real property | Trust avoids ancillary probate for all states |
| Incapacity | DPOA manages finances (will not operative until death) | Successor trustee manages trust assets seamlessly |
| Upfront cost | Lower | Higher, but saves significantly at death |
For most Fort Myers families with a home and any significant assets, a trust-based plan is more cost-effective over time, even though the upfront cost is higher. We discuss both options during your consultation and let you decide what makes sense for your situation.
Frequently Asked Questions — Estate Planning in Fort Myers, FL
Do I need a will if I live in Florida?
Yes. Without a valid will, Florida's intestate succession laws determine who inherits your assets — regardless of your wishes. Courts may also decide who raises your minor children if you have not designated a guardian. A will is the foundational document in any estate plan and is required even if you also have a revocable trust (as a "pour-over" will to catch any assets not transferred to the trust before death).
What is a Lady Bird deed and how does it work in Florida?
A Lady Bird deed — formally an Enhanced Life Estate deed — transfers real property to named beneficiaries at your death while giving you complete control during your lifetime. You can sell, mortgage, or change beneficiaries at any time without their consent. The property avoids probate, and gives your heirs a stepped-up tax basis, potentially eliminating capital gains tax. It is one of the most efficient estate planning tools available to Florida homeowners.
Does Florida have a state estate tax?
No. Florida has no state estate or inheritance tax. The federal estate tax applies only to estates exceeding approximately $13.6 million per individual (2024 figure, adjusted annually). Most Florida residents do not face federal estate tax liability, though planning around the federal gift and estate tax is still relevant for larger estates.
What happens to my Florida home when I die?
If your home is titled solely in your name without survivorship rights or a beneficiary designation, it must go through probate before it can be transferred to your heirs. A Lady Bird deed, a revocable living trust, or joint tenancy with right of survivorship can all avoid this outcome and pass the property directly to your intended beneficiaries. The right approach depends on your specific situation, tax considerations.
Can I write my own will in Florida?
Florida does recognize handwritten (holographic) wills only in very limited circumstances — and only if they meet strict formal requirements. Florida does not recognize oral wills. While it is technically possible to draft your own will using an online form, errors in execution, missing provisions, or failure to address Florida-specific issues (homestead, pre-residency property, blended families) can result in unintended outcomes that are expensive to fix — or impossible to fix after death. We strongly recommend attorney-drafted documents.
How often should I update my estate plan?
Review your estate plan after any major life event: marriage, divorce, birth of a child or grandchild, death of a named beneficiary or executor, significant change in assets, or move to or from Florida. As a general rule, review your plan every 3 to 5 years regardless of life changes. Tax law changes (particularly the federal estate tax exemption, scheduled to adjust in 2026) may also warrant review.
What is a pour-over will?
A pour-over will is a companion document to a revocable living trust. It directs that any assets you own at death that were not transferred to your trust during your lifetime should "pour over" into the trust at death and be distributed according to its terms. While the pour-over assets still go through probate (which is why we work to fund the trust properly during your lifetime), the pour-over will ensures no asset is accidentally left without direction.
Why Fort Myers Families Choose Martin Law Firm for Estate Planning
- Comprehensive planning, not just documents. We do not draft forms — we design plans. Every estate plan we create reflects your specific family, assets, and goals.
- Probate perspective. Our probate attorneys have administered over 1,000 estates. We know exactly what happens when estate plans work — and what happens when they do not. That experience informs every document we draft.
- Florida-specific expertise. Florida's homestead laws and Lady Bird deeds are unlike any other state. We practice Florida law exclusively and know these nuances deeply.
- Transparent, flat-fee pricing. We quote estate planning fees in advance. No hourly billing surprises.