Jacksonville Estate Planning Lawyer

Estate Planning Attorney in Jacksonville, FL

No one likes to think about their mortality. However, planning for the inevitable will help reduce the stress on loved ones and friends when the time comes. Deciding how to pass on your hard-earned legacy is a decision everyone needs to tackle. Working with a Jacksonville estate planning lawyer can make the entire planning process simple to navigate. 

Jacksonville, Florida, is known for its sunshine and 22 miles of sandy beaches. It’s an ideal place not only for retirees, but also for families. No matter your age, having a solid estate plan in place is key to protecting yourself and those you care about.

Experienced Estate Planning For Your Peace Of Mind

At the Law Office Of Douglas A. Oberdorfer, P.A., we provide compassionate, competent, and professional advice to help you determine how to handle your estate planning needs.

Our estate planning lawyer in Jacksonville, Florida is an experienced advocate who makes estate planning stress-free for our clients. We offer free consultations to residents of Jacksonville and surrounding cities.

As of 2023, 16% of Jacksonville residents were aged 65 and older. By finalizing your estate plan, you control how your hard-earned estate is distributed upon your passing. 

The Probate Process Vs. How to Avoid It Altogether

The probate process can be arduous for the loved ones left behind. While they’re processing their grief, they have to start a lengthy and costly process. In Jacksonville, the Duval County Probate Court, located at 501 West Adams Street, oversees this process.

A personal representative, either named in your will or assigned by the court, is in charge of collecting your property, using it to pay off any debts or outstanding taxes, and distributing the property according to your wishes. Your will outlines these wishes.

The probate process is intensive and often requires a lawyer to ensure legal compliance. It’s a stressful process that can cause in-fighting with your loved ones over property. 

An easy way to bypass the probate process entirely is by creating a trust. There are two main types:

1. Revocable living trust. This is the most common type, which can be edited or canceled at any point during your life. It operates much like a will, with specific assets being placed in the trust and assigned to a beneficiary. However, unlike a will, a living trust avoids probate altogether. After you pass away, the asset will be distributed to the beneficiary automatically.
2. Irrevocable living trust. This type of trust is permanent once created. Any assets placed into this trust no longer legally belong to you, but belong to the trust itself. After you pass, the assets will still be given to the beneficiaries automatically, helping avoid probate. You might need this if you want to qualify for Medicaid.

Many choose an irrevocable living trust because it helps lower their income when applying for Medicaid. However, there are specific rules regarding this option.

The type of trust a person selects can vary depending on their unique circumstances. Be sure to hire an estate planning lawyer to help you decide which living trust works for you. 

Florida Homestead Exemption Laws

Florida’s homestead laws give important protections to homeowners but can be tricky to understand. As of 2025, the average home value in Jacksonville was $284,825. Homes tend to be a person’s highest value asset and require careful handling. 

To qualify for Florida’s homestead exemption, you must:

• Live in your home as your primary residence, as of January 1 of the tax year
• Be a permanent Florida resident
• File paperwork with your county property appraiser

The exemption can reduce your property taxes by up to $50,000. 

Your home will also be protected from creditors. If you owe money, creditors cannot force you to sell your homestead property while you’re alive. This protection continues after your death for the person who inherits your home.

Florida law also limits how much your property taxes can go up each year. Your property’s assessed value for taxes can’t rise by more than 3% per year or the rate of inflation, whichever is less. 

If you pass your home to a beneficiary who continues living there and applies for the exemption, the tax benefit may continue. However, the cap resets when ownership changes.

There are also restrictions on how you can leave your homestead property in your will:

1. If you are married or have a minor child, you must leave your homestead property to them.
2. If you have no spouse or minor child, you can leave the property to anyone.

FAQs

Q: What Happens if I Die Without a Will in Florida?

A: If you die in Florida without a will, your property will be distributed according to state law. If you’re married and have children with your spouse, everything goes to your spouse. If you’re married and have children from another relationship, half goes to your spouse, and half to your children. If you’re not married, your property generally goes to your children. If you have no children, it goes to your parents, then siblings, then distant relatives.

Q: What Requirements Make a Florida Will Legally Enforceable After I Die?

A: To be valid in Florida, a will must be signed by you in front of two witnesses, who also sign the document. All of you must be present together when signing. If these rules are not followed, the will could be declared invalid. You can handwrite your will, but it has to follow the signing laws. Using an attorney can help make sure everything is done properly.

Q: Can I Update or Change My Estate Plan After I Sign the Documents?

A: In most cases, you can make changes to your estate plan at any time. The main limitation is mental capacity. If you do not understand what you are signing, then you may not be able to change it. Courts may get involved if there is a dispute about your mental capability. Wills, powers of attorney, healthcare surrogates, and living wills can usually be changed. Irrevocable trusts are typically unchangeable once created. 

Q: Does Florida Have Estate or Inheritance Taxes That Have to Be Paid After I Die?

A: Florida does not have a state inheritance tax or a state estate tax. This means that when you pass away, your beneficiaries don’t owe any state tax on what they inherit. At the federal level, there is an estate tax. This tax applies to the total value of the deceased person’s assets. However, it only applies to estates worth more than $13.99 million in 2025. 

Hire an Estate Planning Lawyer Today

Give our firm a call at 904-299-6913 or email us to take the first step towards an estate plan. Your initial consultation is free of charge. The team at the Law Office of Douglas A. Oberdorfer, P.A., is proud to be the legal support that our Florida neighbors can rely on.