Estate Planning

In Florida, the estate planning process should not be limited simply to will drafting and testamentary transfers. Our attorneys in Cape Coral, Fort Myers and Naples can assist you in tailoring a plan that meets your needs.

Before your meeting with your attorney you should take some time to think about what do you have and where do you want it to go. Each person’s estate plan is unique but ultimately the starting point is that consideration since the principle purpose of estate planning is the disposition of assets in some form or another.

Once you have taken an inventory of your assets, you need to think about where do the assets go and how. In Florida, without a will or other testamentary planning, your assets pass to your natural heirs. Your natural heirs are your spouse, children or close family depending on certain factors. If you are satisfied with Florida’s statutory scheme of descent, then perhaps no formal planning documents are necessary. To be sure, you will need to consult an attorney and see how your unique family situation will be affected by Florida law.

Once you have determined who would you like to receive your property upon your death, then you need to decide how will you actually make this happen. A common misconception that we hear on an almost daily basis is that absent a will, the state will take your assets. So, the answer to the question, “do I need a will” or “will the state take my money if I don’t have a will” is: No. Florida law anticipates that most people will not execute a will, and so there is a statutory process for your assets to pass to your legal heirs without a will. But what if you want to deviate from Florida’s statutory scheme of descent? Well, then you do need a will or some other testamentary device.

The ultimate goal in all estate planning situations is to fulfill your wishes for the disposition of your estate in the simplest and most risk-free manner possible, while minimizing tax liability and insuring liquidity in the estate. However, each person’s circumstances are different, making it is impossible to set forth a rigid formula that applies in all cases. We must analyze your situation carefully in order to custom craft a plan that is suited specifically to your needs.

We can help you with the following:

  • Asset protection planning
  • Charitable planning
  • Durable Powers of Attorney
  • Eldercare law
  • Estate planning
  • Estate, gift and generation-skipping transfer tax planning
  • Family business succession planning
  • Guardianship administration
  • Income tax planning
  • Living wills, durable powers of attorney and health care powers
  • Premarital agreements
  • Probate administration
  • Probate, trust, and guardianship litigation
  • Trust administration
  • Wills and trust preparation
Client Reviews
Very professional law firm.The support staff does not try to blow you off or make judgments on your case or incident, when you initially call for help. They get you in quickly to see one of their very qualified experienced attorneys. The follow up is great and they keep you up dated through out your case and litigation.
★★★★★
My wife and I have retained The Martin Law Firm to assist us with an important legal problem. They exhibit professionalism and kindness. I wouldn't hesitate to recommend them for your legal needs. Larry N.
★★★★★
The Martins have always treated our concerns with a professional and courteous manner. They, as well as their associates, are always available to answer questions in a way that is easy to understand. Thank you for handling our legal concerns. Anita S.
★★★★★
Professional courteous staff that helped me through such a confusing time. Always there to answer all my questions no matter how big or small. They made a difficult situation seem much easier to go through thanks to all their hard work, communication and friendliness. Oscar R.
★★★★★
The Martin Law firm is top notch from the office staff to the attorney's. They are quick to respond to email and phone messages and you feel incredibly valued as a client during and after the court proceedings. We highly recommend them and will continue to use them in the future if the need arises. Scooter C.
★★★★★