What Questions Should I Ask an Estate Planning Attorney in Florida?
Going into a first meeting with an estate planning attorney without knowing what to ask is like going to a doctor's appointment without describing your symptoms. These questions will help you get a useful consultation and understand what you actually need.
Quick Answer
The most important questions to ask a Florida estate planning attorney include: Do I need a will, a living trust, or both? How do I avoid probate for my Florida home? Who should I name as personal representative, trustee, and healthcare surrogate? What happens to my minor children if I die? How does Florida's homestead law affect my estate plan? What happens to my retirement accounts and life insurance? Should I be concerned about estate taxes? How often should I update my plan? What does this cost? And: what would happen if I did nothing? Understanding the answers to these questions before you commit to a plan gives you the foundation to make informed decisions — and to recognize whether the attorney you're speaking with is the right fit for your family's situation.
A first meeting with an estate planning attorney covers a lot of ground quickly. Most people come in knowing they "should have something" but are not sure what that something is, or what questions to ask.
Here are the ten most important questions — and what a good answer looks like.
1. Do I Need a Will, a Living Trust, or Both?
A will is the baseline estate planning document and controls assets that go through probate. A revocable living trust avoids probate for assets held in the trust and provides additional flexibility.
A good answer addresses your specific assets (do you own Florida real estate?), your family situation (do you have minor children?), and the costs and benefits of each approach. If the attorney defaults to "everyone needs a trust" without discussing your circumstances, or "a will is always enough" without discussing Florida's probate costs, consider a second opinion.
2. How Do I Avoid Probate for My Florida Home?
Florida probate can be expensive and slow. There are several legitimate ways to transfer real estate outside of probate: joint ownership with survivorship rights, a Lady Bird deed (enhanced life estate deed), a revocable living trust, or a beneficiary designation if available for the property type.
A good answer explains the tradeoffs among these options for your specific property — whether homestead protections are implicated, whether you have a mortgage, whether you own with a spouse or alone.
3. Who Should I Name as Personal Representative, Trustee, and Healthcare Surrogate?
These are three different roles:
A good answer distinguishes these roles and explains what qualities matter for each. A trustee managing money for decades needs financial judgment; a healthcare surrogate needs to know your values and be emotionally prepared to advocate in a medical setting. These do not have to be the same person.
4. What Happens to My Minor Children if I Die?
If you have children under 18, you need a will naming a guardian, and an estate plan that controls how an inheritance is managed for minor beneficiaries — including the name of a trustee and distribution guidelines.
A good answer explains that a guardian designation in a will is not self-executing (a court still formally appoints the guardian, but will strongly consider your stated preference), and that money left directly to a minor requires court supervision whereas a trust does not.
5. How Does Florida's Homestead Law Affect My Plan?
Florida's homestead provisions are unusually complex. They protect the home from most creditors, but also restrict how it can be devised if you are married or have minor children.
A good answer asks whether you are married, whether your spouse is on title, whether you have minor children, and explains the restrictions and available solutions. If an attorney doesn't bring this up when discussing a Florida homeowner's estate plan, that is a gap.
6. What Happens to My Retirement Accounts and Life Insurance?
These assets pass by beneficiary designation — not through your will or trust. They are often the largest assets a family has.
A good answer asks about your current designations and explains the consequences of common mistakes: naming a minor child directly (requires court guardianship), naming an estate (forces assets through probate and into a retirement account), or having an outdated ex-spouse named.
7. Should I Be Concerned About Estate Taxes?
Federal estate tax currently applies only to estates over $13.61 million (2024). Florida has no state estate tax or inheritance tax. For most Broward County families, estate tax is not a planning concern today — but the federal exemption is scheduled to drop significantly after 2025 under current law.
A good answer gives you an honest assessment of whether estate tax is relevant to your situation rather than making it sound like a universal concern.
8. How Often Should I Update My Plan?
An estate plan is not a one-time document. Life changes — new children, deaths, divorces, moves to other states, significant asset changes — all affect whether the plan still accomplishes its goals.
A good answer: Review every 3–5 years and after any major life event. A well-designed plan typically needs updates but not complete replacement.
9. What Does This Cost?
Estate planning is a professional service and attorneys price it differently — some use flat fees, some charge hourly. You should understand what you are getting and what it costs before you start.
A good answer is specific and complete: what documents are included, what the fee covers, and whether future amendments are included or priced separately.
10. What Would Happen If I Did Nothing?
This is often the most useful question. If you die without a will in Florida, the intestacy statute controls who inherits your assets and who is appointed as personal representative — and the results may surprise you. If you are incapacitated without a DPOA, a court must appoint a guardian to manage your finances.
A good answer gives you a concrete description of the default outcome for your specific family structure — which is usually enough to motivate action.
Red Flags in the Consultation
- The attorney recommends the same document package without understanding your specific situation
- Questions about your family, assets, and goals are not asked before recommendations are made
- The fee structure is unclear or presented as non-negotiable without explanation
- Florida-specific issues (homestead, healthcare surrogate) are not raised for a Florida client
Preparing for the Consultation
Bring basic information: a list of your significant assets, names of potential trustees/personal representatives/healthcare surrogates, and names of beneficiaries. If you have existing documents, bring copies.
For a detailed checklist, see our article on what to bring to your first estate planning meeting.
Contact Mark Mastrarrigo P.A. to schedule a consultation. Our Cooper City office serves clients throughout Broward County.