Best Private Client Lawyers in Orlando

About Private Client Law in Orlando, United States

Private Client law covers a wide range of legal services intended to help individuals and families with personal legal matters, primarily involving estates, trusts, wills, tax planning, asset protection, and guardianships. In Orlando, Florida, Private Client attorneys work with clients to safeguard their assets, ensure their wishes are honored, and help their families navigate complex legal requirements. This area of law is crucial for anyone looking to plan for the future, protect their wealth, and handle sensitive family matters such as inheritance or incapacity.

Why You May Need a Lawyer

There are many situations where individuals in Orlando may require legal assistance from a Private Client lawyer:

• Drafting or updating a will to ensure your assets are distributed according to your wishes
• Creating trusts for minor children, family members with special needs, or charitable giving
• Planning your estate to reduce estate taxes and avoid probate
• Managing or contesting the probate process after the death of a loved one
• Establishing powers of attorney or health care directives
• Appointing guardians for minor children or incapacitated adults
• Handling disputes over wills, trusts, or inheritances
• Asset protection strategies to guard against creditors or legal claims
• Navigating complex family situations, such as blended families or international assets
• Fulfilling fiduciary duties as an executor, trustee, or personal representative

Local Laws Overview

Florida has specific statutes and regulations that impact Private Client matters. Some key aspects of the law relevant in Orlando include:

• Homestead Laws - Florida offers strong homestead protections for a primary residence, which can affect estate planning and creditor claims.
• Probate Process - Florida law requires most estates to go through probate unless assets are held in a trust, joint ownership with survivor rights, or with designated beneficiaries.
• Wills and Trusts - The Florida Probate Code outlines requirements for legally valid wills and trust instruments, including execution formalities and testamentary capacity.
• No State Estate Tax - Florida does not currently impose a state-level estate or inheritance tax, but federal estate taxes may still apply to larger estates.
• Elective Share for Spouses - Surviving spouses in Florida have the right to claim an elective share, typically 30 percent of the decedent’s estate, even if excluded from the will.
• Power of Attorney and Advance Directives - There are standardized forms and rules under Florida law for financial powers of attorney and health care surrogates.
• Guardianship - Florida courts oversee the appointment and management of guardians for minors and incapacitated adults, with strict statutes protecting wards.

Frequently Asked Questions

What is probate, and do all estates go through it in Orlando?

Probate is the court-supervised process of validating a will, paying debts, and distributing assets. In Orlando, most estates must go through probate unless assets are held in ways that avoid this process, such as living trusts or through beneficiary designations.

Can I write my own will in Florida?

Yes, you can write your own will, but Florida law has strict requirements for validity, including being in writing, signed by the testator, and witnessed by two people. Handwritten wills (holographic wills) not witnessed are not valid in Florida.

Do I need a trust if I already have a will?

A will addresses asset distribution after death, but a trust can provide additional benefits such as avoiding probate, managing assets if you become incapacitated, and providing for minors or special needs beneficiaries.

What are durable powers of attorney, and why are they important?

A durable power of attorney allows someone to make financial or legal decisions for you if you are unable to do so. Without it, family members might have to seek guardianship through the courts, which is time-consuming and costly.

How can I protect my assets from creditors in Florida?

Florida law provides some protections, such as the homestead exemption. Additional asset protection strategies may involve trusts or legal entities, but must be tailored to your circumstances and follow state and federal laws.

What rights do surviving spouses have in Florida?

Surviving spouses can claim an elective share of the estate, even if excluded from the will. They may also be entitled to a family allowance and rights to homestead property.

How do I choose a guardian for my minor children?

You can nominate a guardian for your minor children in your will. The appointment must be confirmed by the court, which will consider the best interests of the child.

What does a personal representative do?

A personal representative (executor) manages the estate, handles probate, pays debts and taxes, and distributes assets according to the will or intestacy laws if there is no will.

Can I change my will or trust after it has been created?

Yes, as long as you are mentally competent, you can amend or revoke your will or trust at any time. It is wise to review your estate plan after major life events or changes in the law.

What happens if someone dies without a will in Orlando?

If someone dies without a will (intestate), Florida statutes determine how their assets are distributed, typically to spouses, children, and other close relatives. The probate court will appoint a personal representative to administer the estate.

Additional Resources

For further information or assistance, consider these valuable resources in Orlando and throughout Florida:

• Florida Bar Association - Offers public information about estate planning, probate, trusts, and locating local attorneys.
• Orange County Clerk of Courts - Probate division handles filings and provides forms for estate matters.
• Florida Department of Elder Affairs - Comprehensive source for elder law services, guardianship, and advance directives.
• Legal Aid Society of the Orange County Bar Association - Provides free or low-cost legal help to eligible residents on estate and guardianship matters.
• Florida Courts Self-Help Center - Guidance and forms for self-represented individuals in probate, guardianship, and family law cases.

Next Steps

If you believe you need legal assistance in any area of Private Client law in Orlando, consider taking the following actions:

• Make a list of your questions and concerns regarding your assets, family situation, healthcare, or future planning.
• Gather all important documents, such as deeds, account statements, previous wills or trusts, and relevant identification.
• Contact a qualified Private Client attorney in Orlando who is experienced in Florida law and can give tailored guidance to your situation.
• Schedule a consultation to discuss your needs and begin developing a comprehensive plan that addresses your estate, tax, and personal concerns.
• Stay informed about relevant legal changes and review your estate plan regularly to ensure it remains current and effective.

Taking proactive steps with the help of a knowledgeable attorney will give you peace of mind and security for your future and your loved ones.