A well-constructed estate plan is the best gift you can give your family. Our Orlando estate planning attorneys draft wills, revocable and irrevocable trusts, special needs trusts, durable powers of attorney, living wills, and healthcare surrogate designations. David A. Yergey III's LL.M. in Taxation from the University of Alabama brings graduate-level tax analysis to complex estate structures — an advantage most Central Florida estate planning attorneys cannot offer.
Why Clients Choose Yergey & Yergey for Estate Planning
An estate plan is not a commodity. The quality of the documents matters. The accuracy of the beneficiary designations, trust terms, and fiduciary nominations matters. And when those documents are eventually tested — by a probate court, by a successor trustee, by an IRS auditor — the judgment built into them at the drafting stage either protects your family or does not.
LL.M. in Taxation — the credential most estate planning attorneys do not hold
David A. Yergey III earned his Master of Laws in Taxation from the University of Alabama School of Law in 2018. That graduate training applies directly to estate planning decisions: estate tax exemption and portability elections, irrevocable trust structures, gift and generation-skipping transfer strategies, and special needs trust compliance. When the federal estate tax exemption changes — as it did under the Tax Cuts and Jobs Act and may again — you want an attorney who has studied the Internal Revenue Code at a graduate level.
Former Adjunct Professor of Wills & Trusts, FAMU College of Law
D3 taught estate planning law to the next generation of Florida attorneys at FAMU College of Law. That academic standard informs the precision and completeness of every estate plan we draft.
Fourth-generation continuity since 1928
We have watched Central Florida families through every generation of Florida's trust and probate laws. We know what breaks. We know what holds. We draft accordingly.
Litigation foresight built into every document
Most estate planning attorneys draft documents and never see what happens when they are challenged in court. Our attorneys litigate will contests, trust disputes, and contested probate proceedings — which means they have seen, firsthand, exactly where documents break down. That experience is built directly into the plans we draft: the specific clause structures that hold up to scrutiny, the nomination language that avoids removal proceedings, the trust terms that do not invite litigation. Very few estate planning attorneys have this advantage.
Recognized by peers and the legal community
Super Lawyers Rising Stars 2022, 2023, 2024 (Thomson Reuters) and the 2021 John R. Hamilton Law Firm Award of Excellence (Legal Aid Society of the OCBA).
Documents
The Core Documents in a Florida Estate Plan
Every adult in Florida — regardless of wealth or age — should have at minimum a will or revocable trust, a durable power of attorney, a designation of healthcare surrogate, and a living will. Click any tab to read what each document does and why it matters. Estates at or approaching the federal exemption need a layer on top of these documents — see Florida estate tax planning and reduction.
Last Will & Testament
Fla. Stat. ch. 732
Your will directs how the assets that pass through probate are distributed at death, names the personal representative who will administer your estate, and — for parents of minor children — nominates the guardian who will raise them. A Florida will must be signed in the presence of two witnesses who also sign in your presence and in each other's presence (Fla. Stat. § 732.502). A will alone does not avoid probate; it tells the probate court what to do.
Revocable Living Trust
Fla. Stat. ch. 736
A revocable trust is a probate-avoidance and incapacity-management instrument. Assets titled in the name of the trust pass to your beneficiaries at death without a probate proceeding, and a successor trustee can manage trust property if you become incapacitated — without a court guardianship. Trusts are also private (probate is a public court file) and offer continuity for blended families, special-needs beneficiaries, multi-state property, and tax planning.
Durable Power of Attorney
Fla. Stat. ch. 709
Florida's Durable Power of Attorney Act lets you appoint a trusted agent to manage your financial and legal affairs if you become incapacitated. Florida law requires very specific statutory language for the document to be effective — including a separate initial next to each "superpower" (gifting, beneficiary changes, creating or amending a trust, etc.) — and forms downloaded from the internet routinely fail this test. A properly drafted durable power of attorney avoids the need for a court-appointed guardian over your property.
Designation of Health Care Surrogate
Fla. Stat. § 765.202
This advance directive appoints the person who will make health-care decisions for you and access your medical information when you are unable to do so yourself. Florida law allows the designation to take effect immediately on signing (so your surrogate can assist with appointments and records) or only on incapacity. Without it, your family may need to ask a court to appoint a guardian of the person before treatment decisions can be made.
Living Will
Fla. Stat. § 765.302
Your living will tells physicians what you want done — and not done — if you are in an end-stage condition, persistent vegetative state, or terminal condition with no reasonable medical probability of recovery. It addresses life-prolonging procedures, artificial nutrition and hydration, and pain management. Because the living will speaks for you when you cannot, the language must be clear and current with Florida statute.
HIPAA Authorization
45 C.F.R. § 164.508
A separate HIPAA authorization permits named individuals — adult children, a fiancée, a clergy member, a non-spouse partner — to receive your medical information from providers. Without it, providers will often refuse to release information even to immediate family. We routinely draft this alongside the healthcare surrogate designation.
Pre-Need Guardian Designation
Fla. Stat. § 744.3045
If a court ever does need to appoint a guardian over you (because no advance directive covered the situation, or because the directives were challenged), Florida law lets you name in advance the person you want the court to appoint. This is a backstop — not a substitute for a complete plan — but it carries significant weight if a guardianship petition is ever filed.
Special Needs & Tax-Driven Trusts
Fla. Stat. ch. 736 · I.R.C. §§ 2010, 2503, 2632
For families with a beneficiary who receives or may need means-tested public benefits (SSI, Medicaid waiver), a properly drafted Special Needs Trust preserves benefits while supplementing the beneficiary's quality of life. For estates approaching the federal estate tax exemption, irrevocable life insurance trusts (ILITs), credit-shelter / bypass trusts, generation-skipping trusts, and lifetime gifting strategies may be appropriate. David A. Yergey III's LL.M. in Taxation supports these structures directly.
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Frequently Asked
Estate Planning FAQs
Do I need a will if I have a revocable trust?▾
Yes. Even when a revocable trust is the centerpiece of an estate plan, we draft a companion "pour-over" will to catch any assets that were not retitled into the trust during life and direct them into the trust at death. The will also nominates the guardian for any minor children — something a trust cannot do.
Will my Florida documents work if I move to another state?▾
Generally yes for substance, but advance directives, durable powers of attorney, and witnessing requirements vary by state. We recommend reviewing your plan with a local attorney within a year of relocating. The same is true if you move to Florida from another state — your existing documents may technically still be valid here, but Florida-specific requirements often make a re-draft simpler.
Can I just download forms online?▾
Florida estate-planning documents have very specific statutory requirements. A durable power of attorney, for example, requires separate initials next to each "superpower" or those powers are not granted at all. A will requires two witnesses signing in a particular sequence. A self-proving affidavit must follow the statutory format. Documents that miss these details routinely fail when they are most needed — at incapacity or after death — and the fix is often a court proceeding that costs many multiples of what proper drafting would have cost.
How often should I update my estate plan?▾
Review your plan after any major life event — marriage, divorce, birth or adoption of a child or grandchild, the death of a named fiduciary or beneficiary, a significant change in assets, a move to or from Florida, or a major change in federal estate-tax law. Even without a triggering event, a five-to-seven-year review is reasonable to catch statutory changes and confirm beneficiary designations on retirement accounts and life insurance still match the plan.
What does 'avoiding probate' actually mean?▾
Probate is the court-supervised process of transferring assets that were owned in the decedent's individual name at death. Assets owned by a properly funded revocable trust, jointly with right of survivorship, or with a beneficiary or pay-on-death designation pass outside probate. "Avoiding probate" means structuring ownership so that little or nothing has to go through that court process — saving the family time, expense, and the public exposure of a probate file.
What is the federal estate tax exemption right now, and does it affect me?▾
For deaths in 2026 the federal exemption is $15 million per person — $30 million for a married couple that preserves both — with a 40% rate above it. The One Big Beautiful Bill Act of 2025 made that figure permanent and indexed it for inflation, replacing the sunset that had been scheduled under the Tax Cuts and Jobs Act. The large majority of estates fall below the exemption and owe nothing, and Florida has no state estate tax or inheritance tax of its own. For estates at or approaching the exemption, planning around portability, lifetime gifting, and irrevocable trust structures matters — see our Florida estate tax planning page, and we will tell you in a consultation whether tax-driven planning is something you should consider.
Do unmarried partners need different documents?▾
Yes. Florida intestacy law and many default rules favor spouses and biological children. Unmarried partners — including engaged couples and long-term domestic partners — will not be treated as next of kin without express documents. We routinely draft healthcare surrogate designations, HIPAA authorizations, durable powers of attorney, wills, and trusts that name the partner explicitly so that the law follows your intent rather than the default.
How long does drafting take, and what does a consultation look like?▾
A $350.00 consultation fee applies. After your initial consultation we typically deliver draft documents within two to three weeks. The consultation itself is conversational — we want to understand your family, your assets, your concerns about specific beneficiaries, and your goals before recommending a structure. You leave with a plain-language summary of what we recommend and what it will cost. Nothing is signed until you have had time to review.
Go Deeper
Estate Planning Topics, Explained in Full
Each document above has its own dedicated page covering the Florida-specific rules in depth. Click any tab for a short summary, then read the full page for the statutory detail.
Florida Wills
Fla. Stat. Ch. 732
What a Florida will legally does, the execution formalities that make or break its validity, and what a will cannot override — beneficiary designations, the elective share, and the homestead devise restrictions. Read the full guide to Florida wills.
The Revocable Living Trust
Fla. Stat. Ch. 736
How the instrument itself works — required elements, successor trustee provisions, amendment and revocation, and the certification of trust banks rely on. Read the full guide to the revocable living trust.
Funding Your Trust
§ 736.0401; § 733.707(3)
A signed but unfunded trust still requires probate. What funding actually means, what commonly gets missed, and why the pour-over will is a backstop, not a substitute. Read the full guide to funding a trust.
Irrevocable Trusts
§§ 736.0411, 736.0412, 736.04117
Why families deliberately give up control — tax removal, asset protection, and benefits preservation — and how modification, decanting, and nonjudicial settlement agreements provide flexibility later. Read the full guide to irrevocable trusts.
Special Needs Trusts
§ 736.0813; 42 U.S.C. § 1396p(d)(4)(A), (d)(4)(C)
First-party versus third-party special needs trusts, the Medicaid payback rules, and how to protect SSI and Medicaid eligibility for a beneficiary with a disability. Read the full guide to special needs trusts.
Durable Power of Attorney
Ch. 709
Agent authority under the 2011 Power of Attorney Act, the specific 'superpowers' that require separate initialing, and why banks must accept a properly executed power of attorney. Read the full guide to the durable power of attorney.
Florida's constitution limits how the homestead can be left if you are survived by a spouse or minor child — and how a waiver, election, or trust structure can plan around it. Read the full guide to homestead devise restrictions.