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 Winter Garden 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 Winter Garden
In Winter Garden, about 25% of residents are under 18. If you’re the parent of a minor child, your plan can include a guardian designation, naming the person you’d want to care for your child. Your will also names who will manage your estate.
A first plan doesn’t need to be complicated. If you’re still building your assets, it can start with a will and a term life insurance policy, then add more as your assets grow.
Before we meet, it helps to make two lists: what you own, and who you want to benefit. We’ll use them to put a plan in place for your children now, and update it as your life changes.
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
Beneficiaries are a big part of this episode of Life, Legacy & Wealth. Tom Moss explains how your beneficiary structure factors into choosing between a will and a trust, and how beneficiary designations can either help or create problems. He also shows how real-world complications, such as a special needs beneficiary or a strained family relationship, can change everything about which plan makes sense.
Why Winter Garden 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 25 minutes from Winter Garden.
Frequently Asked Questions
Do I need a will or a trust in Florida?
It depends on your particular circumstances including, but not limited to, your assets, your family and your goals. A will is simpler to set up but goes through probate. A funded revocable trust avoids probate and makes it easier for someone to manage your affairs if you become incapacitated. We’ll walk through both with you.
Does my will control everything I own?
No. Your will only controls assets in your name alone, with no joint owner and no beneficiary designation. Accounts with a named beneficiary, such as retirement accounts and life insurance, pass straight to that person, and jointly owned property also passes outside the will. Your will has no say over those assets, so we review how everything is owned, not just your documents.
Will a revocable trust protect my assets from creditors?
No. While you’re alive, a revocable trust (one you can change at will) is treated as an extension of you, so your creditors can reach its assets just as they could reach you. An irrevocable trust can shield assets from creditors, but you generally give up control, and it offers no protection if you are also its beneficiary. The right setup depends on your family and assets.
Do I need a new estate plan if I moved to Winter Garden 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
- What Are the Essential Documents for a Good Estate Plan?
- Do I Need a Will or a Trust in Florida? Here’s How to Decide
- Why a Will Does Not Avoid Probate
Other Services in Winter Garden
Supplemental Needs / Special Needs Planning · Probate · Trust Administration · Guardianship · Medicaid Planning · Winter Garden
Estate Planning Across Central Florida
Orlando · Windermere · Horizon West · Clermont · Ocoee · Winter Park · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Office From Winter Garden
Talk to an Estate Planning Attorney Serving Winter Garden
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.