Advance planning isn’t just about distributing assets—it’s about protecting your loved ones, maintaining control over your health and finances, and ensuring your wishes are honored. At Daniel M. Genet, P.A., we help individuals and families in Tampa and across Florida create custom estate plans tailored to their specific needs and goals.
📍 Address: 5322 Primrose Lake Circle, Suite F, Tampa, FL 33647
📞 Call Today for a Consultation: (813) 872-8787
Why Estate Planning Matters in Florida
Many people put off estate planning, believing it’s only necessary for the elderly or wealthy. But without the right legal documents in place, your assets could go through probate, your healthcare decisions may be left to the courts, and your family could face confusion or conflict during an already difficult time.
With proper estate planning, you can:
- Avoid probate
- Minimize legal fees and delays
- Protect your family
- Maintain privacy
- Ensure your medical and financial wishes are followed
Comprehensive Florida Estate Planning Services
At Daniel M. Genet, P.A., we provide a full range of estate planning services using Florida-specific strategies and tools:
✦ Living Will
Florida Statutes § 765.302
A Living Will is a written declaration that expresses your wishes regarding life-prolonging medical procedures in the event you are incapacitated and unable to communicate. This document can ease the burden on your family and avoid uncertainty during medical crises.
Example: If you are in a persistent vegetative state and cannot recover, a Living Will allows doctors and family to honor your desire to withhold artificial life support.
✦ Designation of Health Care Surrogate
Florida Statutes § 765.202
This document allows you to appoint someone you trust—your “surrogate”—to make healthcare decisions on your behalf if you become incapacitated on a temporary or permanent basis. You can also authorize your surrogate to access medical records and consult with physicians. You can now designate your surrogate to act immediately or only upon incapacity.
✦ Durable Power of Attorney
Florida Statutes Chapter 709
A Durable Power of Attorney (DPOA) gives someone authority to manage your financial affairs, such as banking, real estate, and bill payment—even if you later become mentally incapacitated.
Florida law requires the DPOA to be signed with two witnesses and notarized, and it must specifically authorize any “superpowers” such as gifting or creating trusts.
✦ Declaration of Preneed Guardian
Florida Statutes § 744.3045
This declaration allows you to name a person you trust to serve as your guardian if you ever become legally incapacitated and need one appointed. This helps avoid court-appointed strangers making critical life decisions.
If no declaration exists, the court decides who serves as guardian, potentially against your wishes.
✦ Lady Bird Deed (Enhanced Life Estate Deed)
Lady Bird Deeds are recognized in Florida and allow you to retain control of your real property during your lifetime while automatically transferring the property to a named beneficiary upon death—without probate. The Lady Bird Deed is a powerful estate planning tool.
Benefits:
- Avoids probate
- Maintains homestead protections
- Avoid Medicaid’s “look-back” that Medicaid uses to asses asset transfers for eligibility
- The beneficiary receives the step-up in basis meaning the beneficiary’s tax basis in the property is the fair market value as of the grantor’s date of death
✦ Last Will and Testament
Florida Statutes Chapter 732
Your Will directs how your assets are distributed after death and allows you to name a personal representative (executor). It also lets you nominate guardians for minor children.
However, Wills must go through probate, which is why pairing a Will with a trust or deed-based strategy is often recommended.
✦ Revocable Living Trust
Governed under Florida Statutes Chapter 736 (Florida Trust Code), a Revocable Living Trust allows you to transfer your assets into a trust during your lifetime. You can amend or revoke the trust at any time. Upon your death, the trust assets pass to your beneficiaries outside of probate.
Advantages:
- Avoids probate
- Maintains privacy
- Provides continuity in case of incapacity
- Can hold real estate, financial accounts, business interests, and more
Trusts are particularly effective for blended families, out-of-state property owners, and those with complex distribution goals.
Avoiding Probate in Florida
Probate in Florida is public, time-consuming, and can be costly. While certain assets pass automatically (e.g., joint accounts, designated beneficiaries), many others require a formal probate process unless you plan ahead.
Effective probate avoidance strategies include:
- Revocable living trusts
- Lady Bird deeds
- Transfer-on-death and payable-on-death designations
- Proper titling of assets
- Lifetime gifting strategies
The Importance of Advance Planning
Without estate planning:
- Your family may face court battles and high legal fees
- Your medical care may not reflect your values
- Guardianship proceedings may take months
- Probate could tie up your estate for over a year
Estate planning is a gift to your loved ones. It reduces conflict, preserves your wealth, and ensures your voice is heard—even if you can no longer speak for yourself.
Start Planning Today With an Experienced Florida Estate Lawyer
Whether you’re just starting your estate plan or need to update an existing one, Daniel M. Genet, P.A. provides compassionate, strategic legal guidance. We listen carefully to your goals and build a plan that protects your family and your future.
📞 Call Now: (813) 872-8787
📍 Visit Us: 5322 Primrose Lake Circle, Suite F, Tampa, FL 33647
🗓️ Consultations Available by Appointment
Daniel M. Genet, P.A. – Estate Planning Done Right, for the Ones You Love