What Is Estate Planning?
Estate planning is the process of arranging for the management and distribution of your assets during your lifetime and after your death. A well-crafted estate plan ensures your wishes are honored, your loved ones are protected, and your legacy is preserved — on your terms.
At Hernandez Legal, P.A., we approach estate planning as a deeply personal process. We take the time to understand your family structure, your goals, and your values before crafting a plan that truly reflects what matters most to you.
"Estate planning is not just about what happens after you are gone — it is about protecting the people you love and ensuring your wishes are honored at every stage of life."
Core Estate Planning Documents
- Last Will & Testament — Legally directs the distribution of your assets and, if you have minor children, designates a guardian for their care.
- Revocable Living Trust — A powerful tool to avoid probate, maintain privacy, and provide seamless asset management during incapacity or at death.
- Durable Power of Attorney — Authorizes a trusted person to manage your financial affairs if you become incapacitated.
- Healthcare Surrogate Designation — Names someone to make medical decisions on your behalf when you cannot do so yourself.
- Living Will / Advance Directive — Documents your wishes regarding end-of-life medical treatment, removing uncertainty for your family during difficult moments.
- Lady Bird Deed (Enhanced Life Estate Deed) — A Florida-specific tool to transfer real property to beneficiaries outside of probate while retaining full control during your lifetime.
Our Estate Planning Process
- Discovery & Goal Setting — We learn about your family, assets, and wishes to identify the right planning strategy for your unique situation.
- Plan Design — We recommend and explain the documents and strategies that best achieve your goals, in plain language you can understand.
- Document Drafting — We prepare all documents with precision, ensuring they are legally sound and fully personalized.
- Review & Signing — We walk through every document with you, answer your questions, and execute the plan with proper witnessing and notarization.
- Funding & Ongoing Review — We help ensure trusts are properly funded and recommend periodic reviews as your life circumstances change.
Who Needs an Estate Plan?
Estate planning is not just for the wealthy. If you own any property, have children, or simply care about who receives your assets and makes decisions on your behalf — you need an estate plan. Without one, Florida law decides these matters for you, often with results that do not reflect your intentions.
- Parents of minor children — designate a guardian now
- Homeowners — protect your property and avoid probate
- Business owners — ensure continuity and protect your investment
- Anyone with a blended family or specific distribution wishes
- Seniors planning for long-term care and Medicaid eligibility
Frequently Asked Questions
Yes. Even with a living trust, you need a "pour-over will" to catch any assets that were not transferred to the trust during your lifetime, and to name a guardian for minor children. The two documents work together as part of a complete plan.
We recommend reviewing your estate plan every 3–5 years, or after major life events such as marriage, divorce, the birth of a child, the death of a beneficiary or executor, significant changes in assets, or moving to a new state.
Florida's intestacy laws determine how your assets are distributed — which may not reflect your wishes. Your estate will go through probate court, which is public, time-consuming, and potentially expensive. Your minor children's guardian will be decided by a court without your input.
A basic revocable living trust does not reduce federal estate taxes, but it does avoid probate and provide privacy. For larger estates, we can discuss more advanced tax planning strategies such as irrevocable trusts. Florida has no state estate tax.
A standard estate plan — including a will, trust, powers of attorney, and healthcare documents — can typically be completed within 2–4 weeks from your initial consultation, depending on complexity and document revisions.