Estate Planning Lawyer Orlando, FL
If you have been putting off estate planning because it feels complicated or overwhelming, you are not alone. Most people delay it far longer than they should. But estate planning does not have to be difficult, and the consequences of not having a plan in place can be significant for your family.
Our Orlando, FL estate planning lawyer at Magill Law Offices has helped Central Florida families protect their assets and provide for their loved ones since 1977. We offer free consultations to discuss your situation and explain your options.
Why Choose Magill Law Offices for Estate Planning in Orlando, Florida?
A Firm Built on Generations of Experience
Patrick Magill founded this firm in 1977. His son, Robert T. Magill, leads it today with a practice focused on estate planning, trusts, probate, and related matters for individuals and families throughout Orange County.
Robert’s legal education started long before law school. He worked alongside his father in the legal field for more than twenty years, watching how estate plans succeed or fail when families actually need them. That practical foundation shaped how he approaches planning today. He earned his J.D. from Florida A&M University College of Law and his undergraduate degree from the University of Central Florida. The Florida Bar admitted him in 2008.
Professional Background
Robert taught estate planning at the University of Central Florida as an Adjunct Professor. He belongs to the Orange County Bar Association and the Real Property, Probate & Trust Law Section of The Florida Bar. These affiliations keep him current on changes in Florida estate planning and probate law.
What Clients Say
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“Robert Magill made the probate process after my father’s passing seamless and transparent. We appreciated him helping us out along each step when it seemed daunting. I highly recommend Mr. Magill for probate or any other estate planning services.” – Lenny Guevara
Read more reviews on our Google Business Profile.
Types of Estate Planning Cases We Handle in Orlando
Estate planning covers a range of documents and strategies depending on your assets, family situation, and goals. These are the estate planning matters we handle most frequently for Orlando clients.
- Wills. A will directs how your assets pass after death, names a personal representative to handle your estate, and allows you to nominate guardians for minor children. Every adult should have one, regardless of wealth or age.
- Trusts. Trusts serve many purposes. A revocable living trust avoids probate and provides for management of your assets if you become incapacitated. Irrevocable trusts offer asset protection and potential tax benefits. We help clients determine which trust structures fit their needs.
- Living trusts. This is the most common trust type for Florida families. You retain control during your lifetime and can modify the trust as circumstances change. When you die, assets pass to beneficiaries without going through probate court.
- Powers of attorney. A durable power of attorney allows someone you trust to manage your financial affairs if you become incapacitated. Without one, your family may need to petition the court for guardianship just to pay your bills.
- Advance directives. These documents address medical decisions. A living will states your wishes regarding life-prolonging treatment. A healthcare surrogate designation names someone to make medical decisions on your behalf when you cannot.
- Asset protection. Florida offers strong protections for certain assets, including your homestead, retirement accounts, and property held as tenants by the entireties. Structuring your affairs correctly can shield wealth from future creditors.
Florida Legal Requirements for Estate Planning
Florida law governs how estate planning documents must be created and executed. Understanding these requirements helps you see why working with an attorney matters.
Will Execution Requirements
Under Florida Statute 732.502, a valid will must be in writing and signed by the testator at the end in the presence of two attesting witnesses. Those witnesses must also sign in the presence of the testator and each other. A will that does not meet these requirements is invalid, regardless of how clearly it expresses your wishes.
Trust Requirements
The Florida Trust Code governs trust creation and administration. A valid trust requires a settlor with capacity, a trustee who accepts the role, identifiable beneficiaries, and property actually transferred into the trust. Trusts that exist only on paper accomplish nothing.
Advance Directive Requirements
Chapter 765 of the Florida Statutes governs living wills and healthcare surrogate designations. These documents require specific execution formalities, including signing in the presence of two witnesses. At least one witness to a living will cannot be a spouse or blood relative.
What Happens Without a Plan
If you die without a will in Florida, your assets pass according to intestate succession rules under Florida Statute 732.102. Those rules may not match what you would have wanted. Your spouse might have to share your estate with your children. Your partner, if you are not married, receives nothing. The court appoints someone to administer your estate, and that person may not be who you would have chosen.
Important Aspects of Florida Estate Planning
Effective estate planning requires attention to your specific circumstances and goals. These are the elements we focus on with estate planning clients.
Understanding Your Goals
Some clients come to us primarily concerned about avoiding probate. Others want to minimize estate taxes or protect assets from creditors. Many parents focus on providing for minor children or a child with special needs. Business owners need succession planning. Families with complicated dynamics need provisions that reduce the chance of conflict.
We start every engagement by understanding what matters most to you.
Taking Inventory of What You Own
Estate planning requires knowing what you have. Real estate, bank accounts, investment accounts, retirement accounts, life insurance policies, business interests, vehicles, valuable personal property. Each asset type may require different treatment. Some assets pass through your will. Others transfer by beneficiary designation or by operation of law.
We help you identify what you own and how each asset should be handled.
Planning for Incapacity
Estate planning is not just about death. Incapacity can happen at any age through accident or illness. Without proper documents, your family may need to pursue guardianship through the courts just to manage your affairs and make medical decisions on your behalf.
A revocable trust with incapacity provisions, a durable power of attorney, and advance directives work together to address incapacity without court involvement.
Providing for Minor Children
If you have children under 18, your estate plan should nominate a guardian to raise them if both parents die. This nomination can only be made in a will, not a trust. You should also consider how assets will be managed for their benefit until they are old enough to handle an inheritance responsibly.
Many parents establish trusts that hold assets for children until age 25, 30, or later. A pour-over will directs any probate assets into the trust.
Addressing Special Situations
Some families have circumstances that require specialized planning. Blended families with children from prior marriages need provisions that balance competing interests. Families with a member who has special needs must plan carefully to avoid disrupting government benefits. High-net-worth clients may need strategies to minimize estate taxes.
We work with clients facing all of these situations.
Coordinating Beneficiary Designations
Retirement accounts, life insurance policies, and some bank and investment accounts pass by beneficiary designation, not by your will or trust. These designations override whatever your estate planning documents say. An outdated beneficiary designation can send assets to the wrong person, including an ex-spouse.
We review your beneficiary designations as part of the planning process.
Keeping Your Plan Current
An estate plan is not a one-time project. Marriages, divorces, births, deaths, moves to a new state, changes in your assets, and changes in the law can all affect whether your plan still works. We recommend reviewing your documents every three to five years or after any major life event. Updating your estate plan keeps it aligned with your current circumstances.
What Happens After You Pass
Even with a solid estate plan, someone must handle the administration of your estate. If you have a trust, your successor trustee manages trust assets and makes distributions. If assets pass through probate, your personal representative handles the court process. We help families with estate administration and probate when the time comes.
Contact Magill Law Offices
If you are ready to create an estate plan or need to update documents you prepared years ago, we can help. Our Orlando estate planning attorney offers free consultations where you can discuss your situation and learn about your options under Florida law.
We respond to inquiries promptly. You can schedule a consultation at a time that works for you.
Estate planning protects your family and gives you peace of mind. Magill Law Offices has been helping Orlando families with these important decisions since 1977.