Estate Planning for Retirees in Florida: A Complete Guide

Florida is an ideal place for Americans to retire. With year-round swimming, 12 national parks, and more than 700 freshwater springs, there are countless activities to enjoy in your twilight years. While enjoying your personal time is the goal of retirement, planning your future is just as important. Estate planning for retirees in Florida is a vital step to complete.

Hire an Estate Planning Lawyer

While estate planning can seem like a nerve-racking task, it’s one that everyone should accomplish in their lifetime. Here at the Law Office of Douglas A. Oberdorfer, P.A., we’ve been helping Florida residents navigate family law since 2003.

Douglas Oberdorfer has over 20 years of professional experience. Because of how extensive state and federal law is, it can easily get confusing. One small mistake can lead to your estate plan being invalid.

We’re here to help ensure legal compliance and that your wishes are respected throughout the entire process.

Why an Estate Plan Is Vital?

An estate plan is a series of documents that outline your personal wishes regarding how your property is handled after you pass away. It can also include documents detailing what you want to happen if you become incapacitated or unable to speak for yourself.

If you die without a legally binding estate plan, your property will be distributed according to Florida law. These laws are often not aligned with the individual’s wishes and can cause tension and infighting between loved ones over property during probate.

Probate is the court-overseen process that handles a person’s property after they pass away. A personal representative, either named in a person’s will or assigned by the court, will be in charge. They’ll collect the property, use it to pay off any debts or outstanding taxes, and distribute the property to beneficiaries.

1. Will

A person’s will outlines how they want their property to be distributed. Property can include:

• Real estate
• Personal belongings
• Bank accounts and cash
• Collectibles
• Investments
• Retirement accounts

With the average Florida home valuing $378,031 as of 2025, and the average income being $77,735 as of 2024, protecting your assets is extremely important. To limit court interference, a detailed will is necessary. To get help, contact our wills lawyer.

2. Living Will

A living will outlines your personal wishes for any potential end-of-life medical care.

Even those who are extremely healthy should consider drafting a living will. It’s a good backup to have, as it only comes into effect if you can’t speak for yourself and your condition is deemed terminal.

3. Designation of Health Care Surrogate

A designation of a health care surrogate names someone to fulfill your healthcare wishes if you’re unable to speak for yourself. They’ll be able to help enforce the wishes outlined in your living will.

4. Living Trusts: Revocable and Irrevocable

Probate is unsavory to many. It can be lengthy, costly, and stressful for your loved ones to deal with. Many opt to put their property into living trusts. Doing so bypasses probate completely. When you pass away, the property in the living trust is automatically given to the beneficiary.

There are two main types a person can choose from:

1. Revocable living trust. This is the most common type. It’s set up during your lifetime, and you can change or cancel it at any point before death. It operates similarly to a will, but allows easier access for editing.
2. Irrevocable living trust. This type can’t be changed or canceled once it’s finalized. While this may not seem ideal, it can be helpful for those who are disabled or those who want to reduce estate taxes by placing their life insurance in a trust.

Once you place property into an irrevocable trust, it’s not your property anymore. For those needing to qualify for Medicaid, this can be life-changing in a positive way. Because the property no longer “belongs” to you, it won’t be counted as a part of your income.

It’s important to hire an estate planning lawyer to help you navigate this process. Making sure your documents are legally valid is key to ensuring your wishes are respected after you pass away.

FAQs About Estate Planning for Retirees

What Is a Power of Attorney?

A power of attorney is another legal document that can be a part of your estate plan. It names someone to act on your behalf when you can no longer do so. Someone might need this if you’re sick, traveling, or too busy to do things like paying bills, managing bank accounts, or signing contracts yourself.

What Can an Estate Planning Lawyer Do for Me?

An estate planning lawyer can help you create a plan for what happens to your money, property, and personal wishes if you pass away or become unable to manage your own affairs. They prepare your documents and ensure they follow state laws. They also guide you on ways to reduce taxes, avoid family conflicts, and protect your assets for future generations.

What Happens if I Don’t Make a Will Before I Die in Florida?

In Florida, if you don’t make a will before you die, state law decides who inherits your property. Usually, your spouse and children inherit first. If you don’t have a spouse or any children, your estate will pass to your parents, siblings, or other relatives. This process is called intestate succession, and it may not be in line with your personal wishes. Creating a will gives you control over who receives your assets.

What Makes a Will Legally Valid in Florida?

A will in Florida must meet certain requirements. To be valid, you must be at least 18 years old and handwrite or type the will. You must sign the will in front of two witnesses, and those two witnesses must sign it in front of you and each other. Many handwritten wills fail to meet these witness requirements. If the rules are not followed, the will is considered invalid, and your wishes may not be carried out.

Choose a Trusted Florida Law Firm to Help You Navigate Estate Planning

When you come in for your first appointment at the Law Office of Douglas A. Oberdorfer, P.A., you’ll be met with endless compassion. We don’t make any judgment against our clients; we are here to help ensure your rights are protected. Contact our team today to learn how we can help you. An estate plan can give you peace of mind while you enjoy your twilight years in Florida.