Planning for the people, property, and responsibilities that matter.
The Law Offices of Brian Giaquinto helps individuals and families across Central Florida plan for incapacity and for what happens after death. That work includes wills, revocable trusts, powers of attorney and health care documents, asset protection, advanced planning for larger estates, and plans that tie a family business into the rest of the estate.
Estate planning is about more than deciding who receives property after death. A thoughtful plan can address incapacity, protect family members, coordinate the ownership and transfer of assets, and provide clear direction when others may be called upon to act.
A retired couple in Ormond Beach and a young family in DeLand will need very different plans, even when the documents carry the same names. Daytona Beach households, and those in Seminole County, usually sit down with us at the Daytona Beach office. Families in Melbourne can book a time through our Melbourne, Viera & Suntree page.
Schedule a free consultation →Foundational planning for the transfer and management of assets, incapacity, family needs, and the people who will carry out the plan.
Planning for larger or more complex estates where tax considerations, wealth transfer, family circumstances, or specialized planning strategies require a more sophisticated approach.
Planning that considers potential creditor and liability risks while coordinating ownership, estate-planning objectives, and the appropriate use of protective legal structures.
Coordinating estate planning with business ownership, succession, family transitions, and the long-term transfer of closely held business interests and other significant assets.
A trust, will, power of attorney, or other planning document is a tool. The harder questions usually come first: what should happen, who should have authority, what risks need to be addressed, and how should the plan respond when family, financial, or business circumstances change?
Effective estate planning begins with those questions and uses the legal documents to carry out the answers.
For business owners, the company may represent income, family wealth, and a substantial part of the estate. Questions about incapacity, death, ownership transfer, buy-sell arrangements, succession, and eventual exit often cross the line between business law and estate planning.
Because the firm practices in both areas, those issues can be considered together rather than as separate planning exercises.
Many Florida plans use both, but the right mix depends on what you own and what you want to happen. A will names who receives your property and who will be in charge, but the assets it controls generally go through probate. A revocable trust can let assets pass without probate, but only the assets actually placed in the trust. A common setup is a trust for the main assets and a short will that catches anything left out. Either way, most adults also need a durable power of attorney and documents for health care decisions.
Maybe not the way you expect. If the house is your Florida homestead and a spouse or minor child survives you, the law limits who can receive it (Art. X, s. 4(c), Fla. Const.; ss. 732.4015 and 732.401, Fla. Stat.). A surviving spouse often ends up with a life estate (the right to use the home for life) or a half interest, even if the will says otherwise. A properly signed prenuptial or postnuptial agreement can change that (s. 732.702, Fla. Stat.), so talk it through before or soon after the wedding.
Generally not completely. Florida gives a surviving spouse the right to claim an elective share, which is 30% of the elective estate, even if the will leaves them less (ss. 732.201–732.2155, Fla. Stat.). The elective estate can include more than probate assets, such as some trust and jointly held property. A valid prenuptial or postnuptial agreement can waive it (s. 732.702, Fla. Stat.). Learn how the elective share works.
The people you name in your incapacity documents, if you sign them while you still can. Durable powers of attorney cover money and property, health care surrogate designations cover medical decisions, and living wills state your wishes about end-of-life care. Without these documents, your family may have to ask a court to appoint a guardian (Chapter 744, Fla. Stat.), which puts a judge in the middle of private decisions. If you own a business, your plan should also say who can act for you in the company.
A will that was validly signed in another state is generally still valid in Florida (s. 732.502(2), Fla. Stat.). The bigger question is whether it still fits. Out-of-state plans often don't account for Florida's homestead rules, may name a personal representative who isn't allowed to serve here, and may rely on a power of attorney or health care form that Florida banks and doctors hesitate to accept. A review after a move is a sensible way to find those gaps.
To a point, and only if you plan ahead. Florida law shields certain assets from most creditors, such as many retirement accounts and the cash value of certain life insurance policies and annuities (ss. 222.14 and 222.21, Fla. Stat.). How assets are owned, insurance, and the right trust or business entity can add another layer. What planning can't do is fix a problem that already exists: transfers made to get around a known claim can be undone (Chapter 726, Fla. Stat.).
Articles and practical guidance on Florida estate planning.
A will is an important part of an estate plan, but it may not address incapacity, probate, beneficiary designations, or other planning considerations on its own.
Reducing the taxable estate and reducing a family’s total tax burden are not always the same thing. For highly appreciated assets, estate inclusion, basis adjustment, lifetime gifting, and future capital gain should be considered together.
Equal inheritance and identical ownership are not the same thing. For a family business, succession planning should separately address economic value, ownership, management, control, governing documents, liquidity, and family expectations.
A good estate plan begins with understanding what you own, who matters to you, what concerns you, and what you want the plan to accomplish. A conversation can help identify the right place to begin.
