Wills and Trusts Attorney in Fort Lauderdale

Compassionate Guidance for Wills & Trusts in Fort Lauderdale

Planning for the future is personal, and the laws that shape your plan are local. At Adrian Philip Thomas, P.A., our Fort Lauderdale wills and trusts team helps individuals and families secure their wishes, protect assets, and reduce conflict. We handle everything from drafting wills and establishing a range of trusts to guiding loved ones through Florida probate.

Based in Broward County, we understand how documents are interpreted in Florida courts and what the Broward County Circuit Court expects when probate is required. Whether you own a home in Fort Lauderdale, operate a business in South Florida, or have blended family considerations, we tailor a plan that fits your life and complies with Florida probate law.

 Call (954) 764-7273 24/7 for a free consultation with our Fort Lauderdale wills and trusts attorney.

Fort Lauderdale Wills and Trusts Services

Our firm focuses on clear, enforceable documents and practical strategies that work in real life. When we prepare a will or trust, we also consider how title, beneficiary designations, homestead protections, and taxes interact so your plan functions when it matters.

We advise on durable powers of attorney and health care directives so your financial and medical decisions can be carried out without court intervention. We also help ensure beneficiary designations on bank, brokerage, and retirement accounts align with your estate plan, reducing the risk of unintended outcomes.

If a loved one has passed, our team can navigate probate in the Broward County Circuit Court and coordinate trust administration for revocable and irrevocable trusts. We handle notices to beneficiaries, inventory, accountings, creditor claims, distributions, and releases so fiduciaries can fulfill their duties with confidence.

For social proof and local insights, be sure to read our client reviews to see how we approach communication, timelines, and results in Fort Lauderdale matters.

Wills That Hold Up Under Florida Law

A Florida will must meet specific execution requirements to be valid and accepted by the court. We prepare and supervise the signing process with the correct formalities, including witnesses and a notary where appropriate. We anticipate common challenges such as ambiguity, lack of capacity claims, and undue influence allegations by using precise language and a careful meeting process that documents intent.

Trusts That Protect People And Property

Trusts can help avoid probate, provide for minors or beneficiaries with special needs, and insulate assets from certain risks. We structure trusts to match your goals, such as:

• Revocable living trusts for privacy, continuity, and probate avoidance
• Special needs trusts to preserve eligibility for benefits
• Spendthrift provisions to protect against creditor and judgment exposure
• Charitable trusts to align legacy and tax planning
• Irrevocable life insurance trusts to manage policy ownership and proceeds

Coordination With Florida Probate

Even with a trust, probate may be necessary for specific assets or issues. We evaluate when summary administration or formal administration is appropriate in Broward County and help personal representatives meet their statutory duties. Our approach reduces delays and keeps beneficiaries informed to minimize disputes.

How Florida Probate Law Affects Your Plan

Florida probate law sets the rules for how assets pass when a person dies with or without a will. If you do not have a will, Florida’s intestacy statutes determine who inherits and in what shares. If you do have a will, the Broward County Circuit Court oversees the appointment of your personal representative and the process of settling the estate.

We guide clients on:

• Homestead protections are unique to Florida, and they affect who can inherit the primary residence
• Exempt property and family allowance rules that support surviving spouses and dependents
• Creditor claim procedures and timelines that can impact distributions
• Elective share rights that may affect married couples and blended families
• Ancillary probate for snowbirds or owners of property in multiple states

Avoiding Common Probate Pitfalls

Small mistakes can become large problems. We help you avoid:

• Conflicting beneficiary designations that override your will or trust
• Out-of-state witnesses or notarizations that cause acceptance issues
• Funding gaps where assets are left outside a trust and must be probated
• Unclear fiduciary appointments that delay administration or lead to disputes

Broward County Process And Local Insight

Every county has its own local practices. In Broward County, timelines, document formats, and communication with the probate division matter. Our familiarity with local filing expectations and standing orders helps move matters efficiently. When court approval is required for sales, settlements, or interim distributions, we prepare complete, well-supported petitions that address statutory criteria.

For trust administration, we help trustees follow Florida’s Trust Code, including accounting, notice, and prudent investor standards. We also coordinate with financial advisors and tax professionals so your trust complies with both legal and practical requirements.

Contested Wills And Trust Disputes

Disagreements may arise over capacity, undue influence, ambiguous language, or fiduciary conduct. We evaluate the strengths and risks early, preserve evidence, and seek practical resolutions that protect the estate or trust. When litigation cannot be avoided, our team prepares cases with careful attention to pleadings, discovery, and hearing practice in Broward County.

Planning Tailored To Fort Lauderdale Families

No two plans are the same. A single professional may need a simple will and updated beneficiary designations. A family business owner may need a revocable trust with succession terms, buy-sell provisions, and key person considerations. Parents may prioritize guardianship nominations and trusts for minors. Retirees may look for strategies to simplify administration and reduce court involvement.

We design each plan to fit life in Fort Lauderdale, considering local real estate, seasonal residency, and family dynamics. We also review plans after major life events, like marriage, divorce, a new child, a home purchase, or the sale of a business, to keep documents aligned with your goals.

What To Bring To Your First Meeting

To make our initial consultation productive, gather:

Any existing wills, trusts, or amendments

• Deeds, titles, and most recent property tax statements
• A list of financial accounts and current beneficiary designations
• Life insurance policies and retirement plan information
• A simple family tree highlighting who should serve as decision makers

Frequently Asked Questions

What is the difference between a will and a trust in Florida?

A will directs how assets are distributed and names a personal representative, but it generally requires probate. A revocable living trust can hold assets during life and distribute them at death without probate, offering privacy and continuity. Many clients benefit from having both coordinated to work together.

Can a Florida homestead be left in a trust?

Yes, but the Florida homestead has special protections and restrictions. We structure trusts to preserve those protections and comply with spousal and minor child rules. Proper drafting and titling are essential to avoid invalid provisions or unintended tax consequences.

How long does probate take in Broward County?

Timelines depend on complexity, creditor claims, and disputes. Summary administration can sometimes be completed in a few months, while formal administration often takes longer. Careful preparation and complete filings help reduce delays and streamline the process.

Do I still need a will if I have a revocable living trust?

Yes. A pour-over will captures assets that were not titled into the trust and names guardians for minor children. It also provides backup appointments and instructions, making your overall plan more resilient.

Who should serve as personal representative or trustee?

Choose someone trustworthy, organized, and able to communicate with beneficiaries. Many clients appoint a spouse or adult child, sometimes with a professional co-fiduciary. We discuss roles, alternates, and compensation so your plan has practical leadership.

What happens if a will is challenged?

Contests may allege a lack of capacity, undue influence, or improper execution. Early evaluation, preservation of medical and witness evidence, and strong pleadings are key. We prepare to defend valid documents or pursue appropriate relief to protect your intent.

Secure Your Legacy In Fort Lauderdale With A Plan That Works

Your decisions today can spare your family stress tomorrow. If you live in Fort Lauderdale or own property in Broward County, a well-drafted will and trust can simplify administration, reduce conflict, and keep control in your hands.

Schedule your consultation now and start your Fort Lauderdale estate plan.