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ESTATE PLANNING

Secure Your Legacy In Okaloosa and Walton County

The Strategic Choice for Florida Estate Planning

Protecting your life’s work requires a strategic legal approach. At the Wheeler Firm, our Florida estate planning attorneys help residents navigate complex state laws to ensure asset protection and family security. Whether you need a simple will or a sophisticated trust structure, we provide the expert guidance needed to safeguard your future in Niceville, Destin, and Fort Walton Beach.

Estate Planning 101: What Is an Estate?

In Florida, your "estate" encompasses all tangible and intangible assets: real estate, bank accounts, investments, and life insurance. A comprehensive estate plan is a legal roadmap designed to protect these assets during your lifetime and ensure a seamless, tax-efficient distribution to your beneficiaries after death.

Because life circumstances and family dynamics vary, no two plans are the same. Some clients focus on preserving funds for a spouse and children, while others prioritize long-term care and nursing home planning. Whatever your goals, you need a plan that reflects your unique needs.

Why You Need a Wills and Trusts Lawyer in Florida

A robust estate plan provides security for both life and death. Failing to plan for illness or passing often leads to costly Florida probate litigation—an unnecessary financial burden for your heirs. By partnering with an experienced wills and trusts law firm, you can avoid legal pitfalls, minimize estate taxes, and age with total confidence.

Death is a certainty, and while no one wants to dwell on it, postponing your planning can lead to disaster. Without a plan, your wishes may not be carried out, and your estate may be diminished by court costs. We help our clients secure their health and their legacy before it's too late.

STARTING YOUR ESTATE PLAN

Incapacity Planning: Protecting Your Assets During Your Lifetime

The first step in Florida estate planning is planning for life, not just death. As lifespans increase, so does the risk of age-related conditions like Alzheimer’s or stroke. Incapacity planning ensures that if you can no longer manage your affairs, your health and finances are handled by someone you trust, rather than a court-appointed stranger.

Because of this reality of modern life, capacity planning is crucial for living. A series of legal documents can protect you, your family, and your estate when you need help the most. The tools to accomplish this task include:

Durable Power of Attorney (DPOA): Designates someone to make financial decisions on your behalf. Unlike a regular power of attorney, a durable one remains effective even if you become incapacitated.
Living Will: Outlines your wishes for medical care during a health crisis. We customize these to define instructions on nutrition, pain management, and religious restrictions. As a tip, include a “self-proving affidavit” to make the living will look more official. A self-proving affidavit is a statement made by a witness that the rules of executing the document have been followed. If the document ever needs to be proven in court, this affidavit may be helpful.
Health Care Powers of Attorney and Health Care Surrogate Designations: Name a trusted individual to make medical decisions for you when you cannot communicate them yourself.

By utilizing these basic capacity planning documents, you will protect yourself, your family, and your estate from any number of predictable AND unforeseen circumstances during your life.

Securing Your Legacy: Asset Distribution After Death

Effective asset distribution requires specific legal instruments tailored to your family dynamics. Our Okaloosa County estate lawyers specialize in: Last Will and Testament: Dictates asset distribution and names guardians for minor children.Revocable Living Trust: A private entity that holds property, allowing your family to bypass the Florida probate process entirely.

Last Will and Testament: A will allows you to name guardians for minor children and dictate exactly who receives your property. In your will, you’ll name a personal representative (executor) to carry out your wishes under the oversight of a Florida probate court.
Revocable Living Trust: A trust acts like a private entity that holds property for your benefit. The primary advantage of a revocable living trust is the ability to bypass the probate process entirely, keeping your family’s affairs private and saving time and money.

Selecting a Fiduciary: Who Will Manage Your Florida Estate?

As you build your plan with a wills and trusts lawyer in Florida, one of your most critical decisions is designating a fiduciary. A fiduciary is a person or entity legally obligated to act in your best interest and ensure your wishes are carried out exactly as written.

Depending on your specific plan, your fiduciary may take on several roles:

Personal Representative (Executor): Responsible for managing your Will and navigating the probate process.
Trustee: Manages assets held within a Revocable or Irrevocable Trust, both during your life (if applicable) and after your passing.
Attorney-in-Fact: The individual named in your durable power of attorney to handle financial matters.

Given the immense responsibility involved, you should choose someone you trust implicitly. If you do not have a family member or friend suited for the role, The Wheeler Firm can help you explore using a hired professional or corporate fiduciary to oversee the administration of your estate.

Florida Elder Law Attorney - Okaloosa and Walton County

Contact an Estate Planning Attorney in Okaloosa & Walton County

At the Wheeler Firm, we simplify the complex estate planning process to give you peace of mind. We identify the necessary documents, draft them with your specific goals in mind, and protect your family from future legal disputes. Schedule your consultation today to secure your legacy.

Can minor beneficiaries inherit directly?

In the United States, minors can certainly be beneficiaries, but they cannot actually own their own property until they come of age. So, when you gift property to a minor child in your will, you will usually need to make some special provision for the child. If the value of the gift is over $15,000, then a guardian will need to be appointed by the court to hold and manage the property or funds until the minor reaches the age of majority. Alternatively, you can use a testamentary trust to hold the property until the child reaches the age of majority. This option will allow you to select a trustee that you know will protect the gift and use it only for the best interests of the child.

Can you disinherit a spouse in Florida?

The short answer is NO. Florida has a “Pretermitted Spouse Statute.” This law states that a spouse who marries an individual after executing a will is entitled to receive a share of the deceased individual’s estate. The surviving spouse’s share is equal in value to what the surviving spouse would have received if the deceased had died without a will (i.e., intestate). This, of course, will come from the available assets and funds in the deceased spouse’s estate.

Should I choose a revocable trust or an irrevocable trust?

In the vast majority of circumstances, when a trust is appropriate, a revocable trust is preferred. Revocable trusts provide more flexibility for you as the settlor, giving you options to take property or funds in and out of your trust, and to amend or terminate your trust if desired. Irrevocable trusts can have certain tax advantages, and if more than five years pass, can help you to qualify for long-term care in a nursing home.

Can my estate plan help me avoid the need for a guardian if I become incapacitated?

Yes. In the vast majority of cases, a durable power of attorney and a health care surrogate designation will be sufficient to protect you in the event you become seriously ill and unable to manage your affairs. The courts are required to respect your wishes and to only grant a guardianship if it is the least restrictive means of protecting you in your time of need. If the durable power of attorney and health care surrogate documents can accomplish the same goal, then a guardianship petition should be denied. However, it is important to note that capacity planning documents do not remove your rights to engage in action. Therefore, if you are a danger to yourself, due to a condition like Alzheimer’s Disease, and if your fiduciary is unable to protect you from yourself without court intervention, then a guardianship may become necessary.

STARTING YOUR ESTATE PLAN

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WHY CHOOSE US?

Led by experienced family law attorney, Andrew D. Wheeler, The Wheeler Firm is committed to the protection and security of every client. We work to ease the stress of family law litigation, protect our client’s interests, and focus on proven results. With more than 20 years of experience litigating every form of family law case, and representing thousands of individuals and their families, we promise exceptional representation and advocacy.