An estate plan does more than say who gets what. It decides who can step in for you if you’re ever unable to, how your family can avoid a long probate, and how the people who depend on you will be cared for. Sawyer & Sawyer, P.A. helps Ocoee families put a plan in place that fits their lives, and keeps it current as those lives change.
What a Florida Estate Plan Can Include
- A will that says who receives your property and who will manage your estate
- A revocable living trust that can keep your estate out of probate
- A durable power of attorney for your finances
- A health care surrogate designation and living will for medical decisions
- A HIPAA release so your family can speak with your doctors
- Guardian designations for minor children
Avoiding Probate and Planning for Incapacity
In Florida, a will on its own doesn’t avoid probate. Assets in your name still pass through the probate court in Orange County after your death, which takes months and adds cost. A funded revocable living trust lets the successor trustee you choose manage and distribute those assets privately.
The same planning protects you during your lifetime. Without a durable power of attorney and a health care surrogate, your family may have to ask a court to appoint a guardian if you become unable to make decisions.
Estate Planning in Ocoee
In Ocoee, about 1 in 4 residents is under 18. If you want a trust to hold what you leave a child, where you create that trust matters. A trust written into your will, called a testamentary trust, still goes through probate.
A revocable living trust works differently. It takes effect as soon as you sign it and controls the assets you put into it. A pour-over will serves as its backup, directing any forgotten assets into the trust through a small probate.
Probate for an Ocoee resident is handled at the Orange County Courthouse in downtown Orlando. We’ll help you compare both kinds of trust for your children and choose the one that fits your family.
Figures: U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates.
From Our Podcast: How to Decide Between a Will and a Trust in Florida, Part 2
Getting a trust right takes more than signing it. On Life, Legacy & Wealth, Tom Moss explains why properly funding a trust is essential to avoid probate, and how small wording choices in your documents can create major legal consequences. He also flags the common mistakes behind do-it-yourself plans, including documents that weren’t executed properly, so you know what to watch for.
Why Ocoee Families Work With Sawyer & Sawyer
Sawyer & Sawyer, P.A. is a family firm that has served Central Florida since 1994. We treat every client as an extension of our family, and we focus on people before the paperwork.
- Cary L. Moss, Esq., Managing Partner. Concentrates on estate settlement, probate, trust administration, long-term care planning and estate planning. Served five years on the Board of Directors of the Academy of Florida Elder Law Attorneys, including a term as president.
- Thomas P. Moss, Esq., Senior Attorney. Focuses on estate planning, guardianship and estate settlement. Former Co-Chair of the Orange County Bar Association’s Estate, Guardianship and Trust Law Committee.
Our office at 8913 Conroy Windermere Road in Orlando is about 20 minutes from Ocoee.
Frequently Asked Questions
How often should I update my estate plan?
Review it every few years and after any major life event, such as a marriage, divorce, birth, death in the family, move or large change in your assets.
What’s the difference between a health care surrogate and a living will?
A health care surrogate is the person you name to make medical decisions for you, like talking with doctors and consenting to treatment, when you can’t. A living will states your own wishes about end-of-life care if you are dying and can’t speak for yourself. It gives your surrogate clear direction and spares your family that decision. A complete plan includes both.
Can I leave my home to anyone I choose?
Not always. Florida’s homestead laws restrict how a primary residence can be left, particularly for married people and families with minor children. If you’re married, and especially in a second marriage, Florida law automatically gives a surviving spouse certain rights to the home, even if your will leaves everything to your children.
Do I need a new estate plan if I moved to Ocoee from another state?
Florida generally honors a will that was valid where you signed it. Florida has its own rules, though, including homestead protections for your home, so a review after moving here is a good idea.
Related Reading
- How Can I Ensure that My Children or Dependents Are Taken Care Of?
- Can I Change My Estate Plan if My Circumstances Change?
- Estate Planning for High-Net-Worth Families in Florida: Strategies That Save Millions
Other Services in Ocoee
Supplemental Needs / Special Needs Planning · Probate · Trust Administration · Guardianship · Medicaid Planning · Ocoee
Estate Planning Across Central Florida
Orlando · Windermere · Winter Garden · Horizon West · Clermont · Winter Park · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Office From Ocoee
Talk to an Estate Planning Attorney Serving Ocoee
Call (407) 909-1900 or send us a message to set up a consultation. Our office is open Monday through Thursday, 9 AM to 5 PM, and Friday, 9 AM to 12 PM.