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 Orange County 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 Orange County
Across Orange County, about 21% of residents are under 18. If you want a child’s share held in trust, that wish has to be in your legal documents. An informal note, such as one kept on a spreadsheet, isn’t enforceable.
Your accounts need to match your documents, too. How accounts are titled and how beneficiary designations are set up can override what any document says. A beneficiary form that names children outright sends the money to them outright, with no trust and no staged distribution.
Orlando is the county seat, and probate for Orange County residents is heard at the Orange County Courthouse in downtown Orlando. We’ll review your documents and your account designations together, so they point the same way.
Figures: U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates.
From Our Podcast: Does a Revocable Trust Protect You From Creditors? The Answer Might Surprise You
A revocable trust does a lot, but creditor protection isn’t part of it. On Life, Legacy & Wealth, Tom Moss explains the three real reasons families set up a revocable trust, including avoiding probate and planning for incapacity without a court-appointed guardianship. He then turns to irrevocable trusts, which trade control for protection and serve very different purposes, from protecting a young heir to qualifying for Medicaid.
Why Orange County 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 is right here in Orange County, on Conroy Windermere Road in Orlando.
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 Orange County 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
- Essential Estate Planning Documents Every Orlando Senior Needs
- 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 Orange County
Supplemental Needs / Special Needs Planning · Probate · Trust Administration · Guardianship · Medicaid Planning · Orange County
Estate Planning Across Central Florida
Orlando · Windermere · Winter Garden · Horizon West · Clermont · Ocoee · Winter Park · Seminole County · Osceola County · Lake County
Directions to Our Orlando Office
Talk to an Estate Planning Attorney Serving Orange County
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.