Estate Planning Attorney in Coral Gables, FL

Florida Licensed Estate Planning Attorney Key Biscayne

Must a Florida Estate Planning Attorney Be Licensed in Florida to Draft a Will or Trust for a Key Biscayne Resident With Florida Property?

In most cases, yes. Questions about a will or trust for a Key Biscayne resident who owns Florida property are worth reviewing with a lawyer before any documents are signed. The exact answer depends on the facts, such as where the client lives, where each asset sits, and whether another state’s law applies. The Florida Bar licenses lawyers to practice law in Florida, and that license is the starting point for work on Florida documents.

A Florida licensed estate planning attorney working on a Key Biscayne plan has to think about more than the will itself. Florida rules shape how the document is signed, how Florida land is handled and where a probate case is filed. The sections below explain each point in plain terms. For the wider Key Biscayne planning overview, see the Key Biscayne estate planning page.

Why Florida Licensing Matters for a Key Biscayne Will or Trust

Florida sets the signing rules for wills, and a will that misses them can fail. Florida requires a will to be in writing, signed at the end by the person making it (or subscribed at the end by another person in the testator’s presence and at the testator’s direction), and witnessed by at least two attesting witnesses. Those witnesses must sign in the testator’s presence and in each other’s presence (Fla. Stat. § 732.502). The testator is the person making the will.

Florida land follows Florida law. The validity and effect of a disposition of real property in Florida are decided by Florida law (Fla. Stat. § 731.1055). A deed that conveys Florida land also needs a written instrument signed in the presence of two subscribing witnesses, unless the transfer happens by will (Fla. Stat. § 689.01). A Key Biscayne home moved into a trust needs that Florida work done correctly.

Key Biscayne sits in Miami-Dade County. Under Florida law, venue for probate is in the county where the decedent was domiciled.

What Changes When a Key Biscayne Client Owns Property Outside Florida

A Key Biscayne client with a condo, account or home in another state often needs a plan that works across more than one state. Florida property still follows Florida law. Property elsewhere may follow the rules of the other state.

Florida accepts many out-of-state wills. A will from a nonresident is valid in Florida if it was valid where it was signed. Every will must be in writing and executed as the statute requires.

If a person dies owning Florida property, Florida may need its own proceeding for that property. If a nonresident of Florida dies leaving assets in Florida, a personal representative specifically designated in the decedent’s will to administer the Florida property is entitled to have ancillary letters issued, if qualified to act in Florida (Fla. Stat. § 734.102).

For a trust, a stated governing law counts only with a real connection to that state. The location of real property held by the trust is one connection that counts (Fla. Stat. § 736.0107).

Florida land and Florida probate are Florida work. A plan that covers them needs a lawyer who can practice Florida law. A lawyer licensed only in another state may not be able to advise on those points.

How Florida Licensing Connects to Probate and Trust Administration

Florida probate and trust disputes are decided in Florida courts. Documents should be drafted with Florida administration in mind from the start.

The fiduciary the court appoints to administer an estate is the personal representative (often called an executor). Florida also limits who can qualify as a personal representative if they do not live in Florida. A person who is not domiciled in Florida can qualify as personal representative only if the person is a legally adopted child or adoptive parent of the decedent, is related by lineal consanguinity to the decedent, is a spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent (or someone related by lineal consanguinity to any such person), or is the spouse of a person otherwise qualified.

A revocable trust has its own formality rule for Florida settlors. Its testamentary parts, meaning the terms that dispose of property after death, are invalid unless the trust is signed with will formalities (Fla. Stat. § 736.0403).

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries.

What to Gather Before a Free First Consultation

Gather these items before you meet. Bring any existing will or trust. Bring deeds for Florida and out-of-state property, account statements, beneficiary designations, and a list of people you are considering as a personal representative or trustee. If you own vehicles, mobile homes or vessels, bring those titles too.

Titles matter here. Motor vehicle, mobile home and vessel titles can be transferred into or out of a revocable trust, using trust documentation or a Certification of Trust (FLHSMV title procedures).

Knowing that early helps you plan for the deed work.

This list shows whether your plan needs Florida-only work or work across more than one state. Property in Broward County, such as in Fort Lauderdale, raises the same Florida-law questions as property in Key Biscayne.

Talk With a Coral Gables Estate Planning Attorney About Your Key Biscayne Plan

If you’re researching a plan for a parent, a spouse or yourself, you may be dealing with a health change, a property purchase or a family decision you didn’t expect. You don’t need every answer before you reach out. A Florida licensed estate planning attorney can help sort out which rules apply to your facts.

We serve clients in Key Biscayne. Trust Counsel’s only office is in Coral Gables, Florida. Leslie V. Marenco is the responsible lawyer for this page.

Quick answers

The firm offers a free first consultation that is confidential and carries no obligation to continue. If Florida property is part of your family’s plan, call (305) 707-7126 or schedule online to book yours.