Wills and living trusts for Venice families, drafted carefully and properly funded.
A will and a trust serve different purposes. Attorney Season A. Chisholm helps you decide which is right for your family, then makes sure your documents are drafted and signed to meet Florida's requirements, and that your trust is funded.
- Flat fee
- Quoted in writing after your consultation
- Signed with
- Two witnesses and a notary, at the office
- First step
- A 15-minute call or in-person consultation
What makes Florida law different.
Florida has several rules that differ from those in other states. These are the ones that most often affect families in Venice, throughout Sarasota County, and in communities across Florida.
Signing requirements matter
Florida requires two witnesses for a will, and a notary for the self-proving affidavit. A missing witness, signatures made out of order, or a home-printed form signed without these formalities can invalidate the will when your family needs it most.
Homestead rules can override a will
Florida's constitution limits how a homestead can be left when there is a surviving spouse or a minor child. A will cannot override these rules, so a sound plan is designed to work within them.
A trust must be funded
Deeds must be recorded with the county, financial accounts must be retitled, and beneficiary designations must be reviewed. Each step is part of the plan, because a trust controls only the assets titled in its name.
Spousal elective share
A surviving spouse in Florida is generally entitled to about 30 percent of the elective estate. Plans for blended families are designed with this rule in mind.
No Florida estate or inheritance tax
Florida has no state estate or inheritance tax, so families typically choose a trust for privacy, probate avoidance, planning for incapacity, and control over how assets are distributed, rather than for tax savings.
Personal representative requirements
Florida requires a personal representative to be a Florida resident or a qualifying relative. This is confirmed when your documents are drafted so the person you name is able to serve.
The documents, explained.
What each document does, and why it matters when your family needs to rely on it.
Simple Will
What it doesStates who inherits your property, names your personal representative, and nominates a guardian for minor children.
Why it mattersThe foundation of any plan. Without a will, Florida's intestacy laws decide who inherits.
Revocable Living Trust
What it doesHolds your assets during your lifetime, with you in control, and distributes them at your death without probate.
Why it mattersProvides privacy, allows your family to act promptly, and continues to work if you become unable to manage your affairs.
Pour-Over Will
What it doesTransfers any assets not already in your trust into the trust at your death.
Why it mattersA safeguard that accompanies every trust.
Testamentary Trust for Minor Children
What it doesCreates a trust at your death to hold assets for your children until they reach an age you choose.
Why it mattersPrevents a child from receiving a full inheritance outright at age eighteen.
Deeds Coordinated with the Trust
What it doesYour homestead is addressed by a Lady Bird deed or a transfer to the trust, and other real estate is retitled into the trust.
Why it mattersCoordinating deeds with the plan is what keeps real estate out of probate.
Beneficiary Designation Review
What it doesA review of retirement accounts, life insurance, and payable-on-death or transfer-on-death accounts to confirm they match your plan.
Why it mattersThese accounts pass outside your will and trust, so an outdated designation can override your plan.
Who this service is designed for.
First-time planners
A will, powers of attorney, and a Lady Bird deed on the home are often a sound first plan.
Blended families
Providing for a surviving spouse for life while preserving an inheritance for children from a prior relationship. A properly structured trust is often the answer.
Homeowners with significant assets
A revocable trust with coordinated deeds and beneficiary designations keeps your affairs private and, in most cases, out of probate.
Four steps, each explained before it begins.
A 15-minute call or in-person consultation
Season or her staff learn about your situation and confirm whether Spanski Law is the right fit.
A recommended plan and a written fee
Season recommends a plan suited to your family and Florida law, and Spanski Law quotes a flat fee in writing before any work begins.
Drafting and signing
Your documents are drafted, reviewed with you page by page at the signing meeting, and signed at the office with the required witnesses and a notary.
Funding and coordination
Deeds, beneficiary designations, and account titles are coordinated with your plan, so each one works with the rest of your plan.
Flat fees are quoted in writing before any work begins.
After your consultation, Spanski Law provides a written flat-fee proposal for the work discussed, so you know the full cost before anything is drafted.
- Quoted in writing after the consultation, before any work begins.
- One flat fee for the agreed scope, with no hourly billing.
- Any change in scope is quoted the same way, in writing and in advance.
- Every document is reviewed page by page at the signing meeting, before you sign.
Begin with a complimentary 15-minute call or in-person consultation.
Season works with a paralegal who has been with her for more than ten years, and she stays closely involved in every case. Whoever you speak with first will listen, explain the options that apply to your situation, and, if Spanski Law is not the right fit, suggest where to turn.
- ✓ You will speak with an attorney or paralegal, not an intake screener.
- ✓ Flat fees, quoted in writing before any work begins.
- ✓ Guidance grounded in Florida homestead law and Florida probate practice.
Request a consultation
Season or her staff will respond to arrange a time.
- What you need
- A few questions
- How to reach you
What is the difference between a will and a trust?
A will gives instructions to the probate court after your death. A revocable living trust generally avoids probate for the assets it holds. Both have a place, and the right choice depends on your assets, your family, and how much privacy and speed matter to you.
Will a trust reduce my taxes?
For most Florida families, no. Florida has no state estate or inheritance tax, and the federal exemption is high. Trusts are generally chosen for privacy, control, and avoiding probate rather than for tax savings.
What is trust funding, and why is it important?
Funding means retitling your accounts and property so the trust owns them. A trust that is never funded does not control those assets at your death, which is a common and costly problem. Guidance on funding is included with every trust plan.
Can I make changes after I sign?
Yes. A revocable living trust can be amended at any time during your lifetime. You can add or remove beneficiaries, change trustees, or revoke the trust entirely.
What is a pour-over will?
A pour-over will accompanies a trust. Any asset that was not transferred into the trust during your lifetime passes through the will into the trust at your death. Every trust plan includes one.
How can a trust help a blended family?
A trust can provide for a surviving spouse for the rest of their life while preserving the remaining assets for children from a prior relationship. Because of Florida's elective share, this planning requires care, and it is one of the strongest reasons to consider a trust.
Should a married couple have one trust or two?
It depends on how your assets are titled, whether either spouse has children from a prior relationship, and your goals as a couple. Season will explain the advantages of each approach during your first meeting.
Planning checklist
The Florida Estate Planning Checklist
A one-page checklist of Florida-specific items to review in an estate plan: homestead, trust funding, the power of attorney authorities you must initial, and beneficiary designations.
- Florida homestead protection
- Florida will-signing formalities
- Lady Bird deed vs. traditional deed
- Durable power of attorney: the powers you must initial
- Health care surrogate & living will basics
- HIPAA authorization for adult children
- Personal representative residency rules
- Beneficiary designation review
- Digital assets planning starter list
- Blended-family elective share considerations
- Storage, and where your family will find it
- When to review the plan (life-event triggers)