Practice Area · 03
Estate Planning
& Probate
Plans drafted by a litigator who has seen exactly where they fail.
§1
A Different Kind of Estate Plan
Most estate planning attorneys draft documents. We draft documents that have been stress-tested against the disputes, creditor claims, and probate challenges we've actually litigated. That's the difference between a plan that looks good on paper and a plan that holds up when your family needs it most.
Estate planning isn't just for the wealthy. If you own a home in Florida, have a bank account, or have minor children, you need a plan, because without one, the State of Florida will make these decisions for you, and the result is rarely what you would have chosen.
§2
Revocable Living Trusts
A properly funded revocable living trust allows your assets to pass privately and immediately to the people you designate, bypassing the 6–12 month delay and public exposure of probate court entirely. We handle trust design, funding, and ongoing amendments as your life changes.
The word doing the work there is funded. A trust only controls what has actually been retitled into it. We see unfunded trusts constantly: a well-drafted document sitting in a drawer while the house, the brokerage account, and the bank account are all still in the client's own name, which means the family probates the estate anyway and paid for a trust that did nothing. Funding is part of the engagement here, not an afterthought handed back to you as a checklist.
You serve as your own trustee during your lifetime and can amend or revoke at any time. The trust also names a successor trustee who can step in if you become incapacitated, which is what keeps your family out of a guardianship proceeding. If you own a home or condo in Florida, this is almost always the right instrument. See trust vs will for the side-by-side.
§3
Last Will & Testament
For clients who don't need a trust, or as a companion to one, we draft wills that clearly designate guardians for minor children, distribute assets according to your wishes, and minimize the potential for family disputes. Every will we draft is informed by the probate disputes we've handled. We know the language that invites challenges and the language that prevents them.
Florida requires the testator's signature and two witnesses, and a will that misses the formalities can be thrown out no matter how clearly it states your wishes. A will does not avoid probate; it tells the court who inherits and who is in charge. Most of our estate plans pair a trust with a pour-over will, which acts as a safety net for anything that never made it into the trust.
§4
Incapacity Planning
A durable power of attorney and healthcare surrogate designation ensure that trusted loved ones can manage your finances and make medical decisions if you're unable to do so. Without these documents, your family may be forced to petition the court for guardianship, a costly and invasive process.
This is the part of a plan people postpone and the part that most often gets used. Incapacity arrives without warning, and by the time it does it is too late to sign anything: capacity to execute the documents is exactly what has been lost. A guardianship instead means a court petition, a physician's examination, court-appointed counsel, annual accountings, and a judge supervising decisions your family could otherwise have made in an afternoon. Our guardianship guide covers what that process actually looks like.
§5
Florida Homestead, and the Mistake We See Most
Florida homestead protection is among the strongest in the country, and it is also the single most common reason a plan fails here. Under Article X, Section 4 of the Florida Constitution your primary residence is shielded from most creditors. The trap is on the other side: if you are married or have a minor child, you cannot freely leave the house to whomever you like.
A surviving spouse is entitled to a life estate with the remainder to the descendants, or may elect instead to take an undivided one-half interest as a tenant in common. Either way, a will that simply devises the homestead to someone else does not do what its author thought it did. This surprises people in blended families constantly, and it is usually discovered after a death, when it has become a dispute between a surviving spouse and adult children rather than a drafting question. We plan around it deliberately. See blended family estate planning.
§6
Probate Administration
When a loved one passes, the legal burden of probate can be overwhelming. We guide personal representatives through every step: marshaling assets, notifying creditors, filing inventories, resolving claims, and distributing the estate. We handle both formal administration and summary administration for qualifying estates.
Summary administration is flat $3,000; formal administration starts at $4,500 and is quoted before we begin. For the full treatment, including which court hears your matter, what the filing fees run, and how long each track actually takes, see our Fort Lauderdale probate page and the county pages for Broward, Miami-Dade, and Palm Beach.
§7
Probate & Trust Litigation
When disputes arise during probate (will contests, undue influence claims, creditor disputes, or breach of fiduciary duty by a personal representative), our litigation experience becomes your advantage. We represent beneficiaries, personal representatives, and creditors in contested proceedings.
A Florida will can be challenged on four grounds: defective execution, lack of testamentary capacity, undue influence, or fraud. The deadlines are short and unforgiving. A challenge generally must be brought within the earlier of 20 days after formal notice or three months after the notice of administration is served, and missing that window usually ends the matter regardless of the merits. If something about a will looks wrong to you, the time to call is that week.
We also handle elective share claims, which entitle a surviving spouse to 30 percent of the elective estate under §732.2065 and reach beyond probate assets into revocable trusts, joint accounts, and some life insurance; and petitions to remove a personal representative under §733.504 for mismanagement, breach of fiduciary duty, or self-dealing. Where assets are being dissipated, moving early matters more than being right later.
Pricing
Transparent, flat-fee pricing.
Most estate planning services are offered on a flat-fee basis. You'll know the total cost before we begin. No surprise hourly bills.
See full pricing- Wills & incapacity package
- Revocable living trusts (single or joint)
- Probate: summary flat $3,000; formal from $4,500, quoted
Estate planning in Florida, common questions
Do I need a trust, or is a will enough?
If you own real property in Florida, a revocable living trust is almost always the better instrument. A will has to go through probate, which means roughly 8 to 12 months, court costs, attorney fees, and a public file anyone can read. A trust avoids all of that. A will alone is sufficient when you have modest assets, no real property, and beneficiary designations already covering every account. Most of our plans use both: a trust for control and privacy, and a pour-over will as the safety net for anything never retitled.
What is a revocable living trust?
A document that holds your assets during your lifetime and passes them to your beneficiaries at death without court involvement. You create it, retitle your assets into it, and normally serve as your own trustee, keeping full control and the ability to amend or revoke at any time. At death your successor trustee distributes privately, usually in weeks rather than months. It also covers incapacity: the successor trustee can manage your affairs without anyone petitioning for guardianship.
Can I avoid probate in Florida?
Usually, with planning done in advance. The main tools are a properly funded revocable living trust, beneficiary designations on bank and retirement accounts, joint ownership with right of survivorship or tenancy by the entirety between spouses, transfer-on-death designations on brokerage accounts, and Lady Bird deeds for real property. A good plan combines several. The one thing that cannot be fixed later is timing: once someone has died or lost capacity, the available options narrow sharply.
Do all assets go through probate?
No. Only assets held in the deceased person’s name alone, with no beneficiary named, no surviving joint owner, and not titled in a trust. Life insurance and retirement accounts with a named beneficiary, payable-on-death bank accounts, property held as tenants by the entirety or with right of survivorship, and anything inside a funded revocable trust all pass outside probate. A well-built plan shrinks the probate estate to nothing or close to it.
What is a Lady Bird deed?
An enhanced life estate deed. It transfers your Florida homestead to a named beneficiary at your death while you keep complete control while living, including the right to sell, mortgage, or lease without that beneficiary’s consent. The property passes automatically without probate. It is a low-cost alternative to a trust when avoiding probate on the house is the only real goal. It does nothing for bank accounts, investments, or anything else, so it is rarely a complete plan on its own.
Can my spouse be disinherited in Florida?
Not without their written consent. Florida’s elective share statute, §732.2065, gives a surviving spouse the right to claim 30 percent of the elective estate no matter what the will says. The elective estate deliberately reaches past probate assets to capture revocable trust property, joint accounts, and certain life insurance payable to third parties, precisely so it cannot be drafted around. The spouse must file the election within six months of the notice of administration. This drives a great deal of blended-family planning.
On what grounds can a Florida will be contested?
Four: the will was not executed properly (Florida requires the testator’s signature and two witnesses), the testator lacked testamentary capacity, the will was the product of undue influence, or it was procured by fraud. The deadlines are the part people miss. A challenge generally has to be filed within the earlier of 20 days after formal notice or three months after the notice of administration is served. These cases turn on witness testimony, medical records, and often an expert, so evidence should be preserved early.
What documents does a complete Florida estate plan include?
For most families: a revocable living trust, a pour-over will, a durable power of attorney, a designation of health care surrogate, a living will, and updated beneficiary designations on every account. Parents of minor children add a guardian designation. Homestead is handled deliberately rather than left to the default rules. Missing any one of these tends to create a specific, predictable problem, and the incapacity documents are the ones that get used most and get postponed most.
More on the mechanics of administering an estate, including letters of administration, the order debts get paid, and removing a personal representative, is on the Florida probate FAQ.
Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
- 17+ years
- Florida Bar
- Martindale Peer Rated
What clients say
4.8 average client rating · 17 years in Florida courts
“His knowledge, responsiveness, and genuine care for my case made all the difference. I would recommend him without hesitation.”
“Paul was professional, responsive, and helpful throughout our conversations. Appreciated his guidance.”
“Mr. Kogan is very knowledgeable, he gave me lots of information that I needed and answered all my questions.”
Schedule a free
consultation.
Whether you need a comprehensive estate plan or are navigating probate after a loss, we'll explain your options in plain English and outline the most efficient path forward.
Helpful Resources
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From Our Blog
Florida Elective Share: You Can't Cut Out Your Spouse
Florida law gives surviving spouses the right to claim 30% of your estate, no matter what your will says. Here's what that means for your plan.
Lady Bird Deeds: Skip Probate on Your Home
A Lady Bird deed lets Florida homeowners transfer property at death without probate. Here's how it works and whether it's right for you.
Dying Without a Will in Florida
If someone dies without a will in Florida, the state decides who gets everything. Here's what that means for your family.