When it comes to protecting your family and your future, choosing the right estate planning attorney is one of the most important decisions you’ll make. A well-designed estate plan can provide peace of mind, reduce taxes and expenses, and prevent disputes down the road — but only if it’s done correctly. Here’s what to look for when choosing an estate planning attorney in Florida.

1. Look for Experience in Florida Estate Planning

Estate planning laws vary from state to state, and Florida has some unique rules — especially regarding homestead property, elective share, and trust administration. Look for an attorney who focuses on Florida estate planning rather than one who merely offers it as a side service.Ask how long they’ve practiced in this area and whether they routinely prepare wills, trusts, and related documents for Florida residents.

2. Make Sure the Attorney Understands Your Goals

A good estate plan isn’t one-size-fits-all. Your attorney should take time to understand your family dynamics, financial situation, and long-term wishes.During your consultation, notice whether the attorney:

- Listens carefully before offering advice

- Explains options clearly, without legal jargon

- Tailors recommendations to your circumstances

If you feel rushed or confused, keep looking.

3. Ask About Their Process and Fees

Estate planning should be a collaborative and transparent process. Before hiring an attorney, ask about:

- The planning process: How many meetings are involved? Who drafts and reviews the documents?

- Flat fees vs. hourly rates: Many estate planning attorneys offer flat-fee packages that include common documents such as wills, trusts, and powers of attorney.

- Ongoing support: Does the attorney help update your plan after life changes or law updates?

4. Check Communication and Accessibility

You want an attorney who is responsive and approachable. Estate planning often involves sensitive family matters, and you should feel comfortable reaching out with questions.Check how the office handles communication — do they offer phone, email, or text options? Are calls returned promptly? A caring, organized office can make all the difference.

5. Read Reviews and Ask for Referrals

Online reviews and client testimonials can reveal a lot about an attorney’s professionalism and client service. You can also ask trusted friends, financial advisors, or other professionals for referrals.Look for consistent themes — such as clarity, patience, and attention to detail — that signal a trustworthy attorney.

6. Choose Someone You Feel Comfortable With

Estate planning is personal. You’ll be sharing information about your assets, family, and future wishes. The right attorney will make you feel at ease, respected, and confident that your plan reflects your intentions.

Conclusion

A well-chosen estate planning attorney can help you protect your loved ones and avoid unnecessary stress in the future.If you’re ready to start your plan or review an existing one, contact Bart Scovill, PLC for guidance tailored to your family’s needs. Our firm is focused on Florida wills, trusts, and probate and provides friendly, individualized service at fair rates.

Disclaimer:This article is for general informational purposes only and is not intended as legal advice. Reading this article does not create an attorney-client relationship. Estate planning laws vary based on individual circumstances, and you should consult with a qualified Florida attorney regarding your specific situation before taking any action. https://scovills.com/?p=3400

New Video Posted! https://youtu.be/2GBw8PLhhcc?si=VtyvQNhWEH9Qml7L

For years, forming an LLC was the default advice for owning investment property. That advice is no longer as simple as it once was. In Florida, reassessment of property values, higher insurance costs, and increased administrative burdens have made LLC ownership less attractive for many small and mid-size real estate investors.

The good news is this: an LLC is not the only way to manage liability risk. In many cases, traditional tools—used correctly—can provide meaningful protection without triggering reassessment or unnecessary expense.

Why LLCs Are Losing Their Appeal for Rental Property Owners

An LLC can still make sense in the right circumstances, but investors are increasingly running into problems:

- Property tax reassessment risk when property is transferred into or out of an LLC

- Higher insurance premiums for LLC-owned residential property

- Financing issues, including loss of homestead-style protections and less favorable loan terms

- Ongoing costs and compliance, even for a single rental property

For owners of one or two properties, these drawbacks often outweigh the perceived liability benefits.

Alternative #1: Proper Insurance (The First Line of Defense)

Insurance has always been the foundation of liability protection, and it remains the most practical solution for most landlords.

Landlord Insurance

A standard homeowner’s policy is not enough for rental property. A landlord policy typically includes:

- Property coverage

- Liability coverage

- Loss of rental income

Umbrella Liability Policies

An umbrella policy sits on top of your landlord insurance and provides additional coverage—often in $1 million increments—at a relatively modest cost.

Reality check: Many claims never reach personal assets because adequate insurance resolves them long before litigation becomes existential.

Alternative #2: Title Ownership Strategies (Old School, Still Effective)

Sometimes the way property is titled can meaningfully reduce exposure.

Tenancy by the Entirety (Married Couples)

For married couples, holding rental property as tenants by the entirety can protect the property from the creditors of just one spouse.

This protection:

- Exists under Florida law

- Does not require an LLC

- Does not trigger reassessment on its own

It’s not perfect protection, but it’s real protection.

Alternative #3: Revocable Trusts (Limited Liability, Major Control Benefits)

A revocable trust does not provide full liability protection like an LLC—but that’s not the point.

Trust ownership can:

- Avoid probate

- Preserve continuity of management at death or incapacity

- Keep ownership private

- Avoid reassessment that might occur with LLC transfers

When paired with strong insurance, trusts are often a cleaner, more flexible option for long-term ownership and succession planning.

Alternative #4: Segregation Without an LLC

For investors with multiple properties, risk can sometimes be managed by segregation, not entity formation.

Examples include:

- Higher insurance limits on higher-risk properties

- Separate policies for different properties

- Conservative lease drafting and strict maintenance protocols

This approach avoids the domino effect where one poorly structured LLC exposes everything tied to it.

Alternative #5: When an LLC Still Makes Sense

This article is not anti-LLC. It’s anti-automatic-LLC.

An LLC may still be appropriate when:

- The property is commercial or multi-unit

- There are multiple unrelated owners

- The property is already reassessed and insured accordingly

- Significant operational risk exists

The key is intentional use—not reflexive use.

The Bigger Picture: Liability Protection Is a System, Not a Document

Too many investors believe one document solves every problem. That mindset causes more harm than good.

True liability protection comes from:

- Adequate insurance

- Thoughtful titling

- Good maintenance and management practices

- Proper estate planning integration

When these pieces work together, the need for an LLC often becomes far less compelling.

Conclusion

LLCs are no longer the default solution for Florida investment property ownership—and for many landlords, they never should have been. With reassessment risks and rising costs, it’s time to return to fundamentals.

If you own rental property in Florida and are questioning whether your current structure still makes sense, it’s worth reviewing your options before making a costly move. If you have questions about liability protection, titling, or integrating rental property into an estate plan, contact Bart Scovill, PLC to discuss a strategy that fits your situation.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. This office does not provide tax advice. https://scovills.com/?p=3396

New Video Drop! https://youtu.be/es5MRabtWeA?si=cZhD5u5kTZY0l0wB

Check out our newest Video! https://youtu.be/8umWMewnkNw?si=cSx8WoO2LQIM8q1T

Each new year brings questions about whether estate planning laws have changed and whether existing documents are still effective. For 2026, the answer is reassuring: there were no sweeping Florida changes, but there are updated federal tax numbers and a few recurring planning issues that continue to affect many Florida residents—especially those with older, do-it-yourself, or out-of-state estate plans.

This article explains the key 2026 updates and highlights situations where a review may be worthwhile.

Federal Estate Tax Exemption for 2026

Updated Number, Same Practical Reality for Most Families

For 2026, the federal estate and gift tax exemption (basic exclusion amount) is $15,000,000 per individual. Married couples can often preserve roughly $30,000,000 with proper planning.

A few practical points:

- This is a per-person exemption.

- Portability may allow a surviving spouse to use a deceased spouse’s unused exemption if the proper steps are taken.

- For most Florida families, federal estate tax exposure remains unlikely. Estate planning in 2026 continues to focus far more on control, protection, incapacity planning, and ease of administration than on federal tax avoidance.

Annual Gift Tax Exclusion for 2026

For 2026, the annual gift tax exclusion is $19,000 per recipient (per donor).

In practical terms:

- You may gift up to $19,000 to any individual in 2026 without filing a gift tax return.

- Married couples can gift up to $38,000 per recipient if both spouses participate (gift-splitting rules apply).

- Gifts above that amount typically require reporting, not immediate tax.

Used thoughtfully, gifting can be a helpful tool. Used casually, it can create unintended tax reporting issues—or, in some families, unintended fairness problems.

Florida Estate Planning Law: What Continues to Trip People Up

Homestead and Trust Ownership Issues

Florida homestead law did not change in 2026. However, homestead continues to be one of the most common problem areas we see when reviewing estate plans prepared elsewhere.

Issues typically arise when:

- A trust was created using generic or online forms

- An out-of-state plan was never adapted to Florida law

- A home was transferred into a trust without reviewing Florida homestead restrictions

- Trust language accidentally requires or permits a sale of homestead property

These are not “new” problems—and they are usually avoidable. Proper Florida estate planning accounts for homestead rules at the drafting stage. Problems most often appear when those rules were never reviewed in the first place.

Trust Funding Remains a Common Breakdown Point

A trust that does not own assets generally does not avoid probate.

Many people have valid trusts on paper but never completed the funding process. Common examples include:

- Real estate still titled individually

- Bank accounts never moved into trust

- Beneficiary designations that contradict the trust plan

This is not a legal change—it is an execution issue that continues to surface year after year.

Powers of Attorney and Financial Institutions

Banks and financial institutions remain cautious when accepting powers of attorney. This is especially true for:

- Older documents

- Non-Florida powers of attorney

- Documents lacking specific statutory authority language

Even when a document is technically valid, it may still be impractical if it’s drafted in a way that institutions routinely reject.

Digital Assets: Still Frequently Overlooked

Estate plans often fail to address:

- Online banking access

- Cloud-stored documents and photos

- Cryptocurrency and digital wallets

- Subscription-based financial accounts

Florida law allows planning for digital assets—but only if the documents grant the proper authority. Many older plans are simply silent on this issue.

When a Review Is Worth Considering

A review may be appropriate if:

- Your estate plan was prepared outside Florida

- You used online or non-lawyer documents

- You acquired or sold real estate

- Your family circumstances changed

- Your documents are several years old and have never been revisited

In many cases, the plan itself is not “wrong”—it is just incomplete or not tailored for Florida-specific issues.

Final Thoughts

The 2026 estate planning landscape is stable, not urgent. Federal numbers updated, Florida law stayed consistent, and most problems continue to stem from documents that were never properly tailored to Florida in the first place.

If you are unsure whether your current estate plan fully accounts for Florida law, homestead rules, or proper trust funding, Bart Scovill, PLC can help you evaluate whether a review makes sense for your situation.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice or tax advice. Reading this content does not create an attorney-client relationship. https://scovills.com/?p=3393

New Video! https://youtu.be/e7ImU-9Kh6s?si=GTqbl1nbSIzOdlFt