Daytona Beach Estate Planning Lawyer

Estate Planning Attorney in Daytona Beach, FL

Death can be a scary thing to think about. Because of this, people often procrastinate on preparing for it. No matter your age, a detailed estate plan can provide clear instructions on what you want done with your belongings after you die. Working with a Daytona estate planning lawyer is key to outlining these wishes during the probate process.

Experienced Estate Planning Lawyer in Daytona Beach, Florida

Daytona Beach, known for its 23 miles of beaches, scenic trails, and outdoor adventure, is a popular destination for families and retirees. 23% of Daytona Beach residents are 65 and older.

Since 2003, the Law Office of Douglas A. Oberdorfer, P.A., has helped many Florida residents with their unique estate planning needs. We understand the complex emotions involved when drafting estate plans and provide empathy, not judgment, when meeting new clients. Our team offers consultations to those living in Daytona Beach and the surrounding Florida cities.

What Is Probate?

Probate is the legal process that takes place for all American estates when people pass away. In Daytona Beach, this process is overseen by the Volusia County Courthouse, located at 125 East Orange Avenue. Between Fiscal Year 2023 and 2024, there were 2,662 probate cases filed in Volusia County.

During this time, a personal representative may be named to handle probate for your estate. This is usually a trusted person named in your will. Their responsibilities include:

• Filing for probate after you pass away
• Identifying all of your assets, including your bank accounts, retirement accounts, real estate, collectibles, and other personal belongings
• Using those assets to pay off any outstanding debts, bills, or taxes
• Giving away the remaining assets to those you’ve named in your will

This process can be an arduous one for the personal representative and other loved ones involved. If you don’t have a will or detailed instructions, it can cause arguments and legal red tape. Creating a will and other legal documents as part of your estate plan can help make this process easier to navigate.

Components of an Estate Plan

A will is most often thought of when thinking of an estate plan. There are other various documents that can be included, such as:

• Living Will: This document outlines your personal desires for potential end-of-life medical treatment. It only comes into effect if you’re not able to speak for yourself. For example, if you’re in a medical coma and the condition is terminal, your living will would be able to speak for you. Be sure to give your personal doctor a copy of your living will as a precaution.
• Designation of a Health Care Surrogate: This document often goes hand in hand with a living will. It names someone you trust to make medical decisions on your behalf if you’re unable to speak for yourself. Their job is to follow your wishes, as outlined in your living will. If you don’t have a living will, they’ll make a decision based on what they believe is right for you.
• Power of Attorney: This document names someone you trust to act on your behalf if you are unable to or become incapacitated. This can be for either a broad range of duties or for a specific task. Examples can include handling your bank accounts or signing contracts on your behalf.
• Living Trusts: There are two types of living trusts that a person can create during their lifetime. They are a revocable living trust and an irrevocable living trust. Each comes with its own pros and cons and should be selected based on your unique needs.

You can take steps to care for your family and loved ones after you die when you hire an estate planning lawyer to help you through this process. The documents you need depend on your unique circumstances, and making a mistake can lead to your estate plan being invalid.

Elder Law and Medicaid Asset Protection

Long-term care, such as nursing homes or assisted living facilities, can be prohibitively expensive. Medicaid can help elderly individuals pay for these services, but there are strict asset limits to qualify for help. Without careful estate planning, people who need long-term care can find themselves in a situation that requires them to impoverish themselves and their descendants in order to pay for the care they need.

If you apply to use Medicaid benefits to pay for a nursing home or other care facility, you’ll need to prove that your assets and income do not exceed the qualifying limits. A representative will complete a review called the “five-year look back” to see whether you gave away any assets or sold them for much less than they are worth. If you did, that could delay your eligibility for Medicaid.

This creates a hurdle for people who have assets that would disqualify them from Medicaid, but not enough assets that they can easily pay for their own care without depleting their family’s inheritance. One way an estate planning attorney can help you with this is by establishing an irrevocable trust.

You can transfer assets into an irrevocable trust, and they will be distributed to your beneficiaries upon your death. After you put the assets in the trust, they are no longer under your control. If you do this five years before you expect to apply for Medicaid, the assets in the trust will not be considered as part of your estate for qualifying purposes.

There are other strategies you can use to make sure you are eligible for Medicaid when the time comes, and your estate planning lawyer can help you decide what is most effective for you based on your assets and your wishes. Some people choose to simply begin spending down assets long before they think they might need to apply for Medicaid.

For married couples, if one spouse may need long-term care and the other is not expected to, or if one spouse suddenly needs to qualify for Medicaid and the other does not, your lawyer can help you navigate that situation, as well. Under Medicaid rules, a healthy spouse of a person who needs care can keep some assets and bring in more income than the person actually receiving aid. Estate planning attorneys can help you structure things to boost these allowances.

Digital Assets and the Modern Estate

In our modern world, estate planning looks much different from how it did 50 years ago. Most of us have significant assets that we can access online, including bank accounts, investment accounts, cryptocurrency, and more. Under the Florida Fiduciary Access to Digital Assets Act, Floridians can include instructions for who can access their online information, including both financial accounts and other things, such as emails and social media accounts.

Under this law, a deceased person’s online accounts can be legally accessed by trustees, executors of the deceased person’s estate, people appointed by a power of attorney, and legal guardians as delineated in the deceased person’s will. Your estate planning attorney can help you determine who needs access and what instructions to include in your documents.

FAQs About Estate Planning in Daytona Beach, FL

Q: What Are the Differences Between a Revocable Living Trust and an Irrevocable Living Trust?

A: There are a few key differences between a revocable living trust and an irrevocable living trust. Both trusts allow you to place assets into them, which automatically go to the named beneficiaries after you pass away, avoiding probate in Florida. A revocable trust allows you to amend or revoke it. Assets in an irrevocable trust belong to the trust and are no longer legally yours. This can be chosen to lower income and qualify for Medicaid.

Q: What Happens if I Pass Away Without a Valid Will in Place?

A: If you die without a will in place, your estate will default to Florida’s intestate succession laws. If there aren’t children, the surviving spouse inherits everything. If the children are the spouse’s children, and the spouse has no other children, the spouse also gets everything. If there is no surviving spouse or children, the estate will then go to parents, siblings, or distant relatives.

Q: What Must Be Done to Make a Florida Will Legally Valid?

A: To be considered legally valid upon your death, your will must meet certain requirements. Any adult in Florida can make a will. They can either handwrite it or type it. You must sign the will in front of two witnesses. Those two witnesses must then sign your will. While it seems simple, if these rules aren’t followed, your will is legally invalid, and your wishes won’t be honored.

Q: What Are the Estate or Inheritance Taxes That I Have to Pay After I Die?

A: Luckily, Florida doesn’t have an estate or inheritance tax. This means that your estate won’t have to pay out-of-state taxes during probate, which could lead to fewer assets for your loved ones. However, there is a federal estate tax for high-value estates. In 2025, any estate worth more than $13.99 million has to pay this tax.

Hire an Estate Planning Lawyer That Florida Residents Trust

The team at the Law Office of Douglas A. Oberdorfer, P.A., knows Florida estate planning laws and has helped numerous Daytona Beach clients by providing transparent legal guidance. Reach out to our skilled legal professional today to learn how we can assist you.