Your first meeting with a Florida estate planning attorney is not a test. You do not need to have every document perfectly organized or know exactly what you want before you walk in. But coming prepared with the right information makes the consultation more useful for you it helps the attorney understand your full picture, give you accurate guidance, and tell you exactly what your plan will cost.
This guide covers everything you should gather before your appointment: identification, financial records, property documents, existing legal paperwork, and the family information your attorney will need to draft the right documents for your situation. At the end you will find the questions worth asking during the meeting itself.
Personal Identification and Basic Information
Your attorney needs to verify your identity and gather accurate names and dates to prepare legally valid documents. Florida law has specific execution requirements for wills and trusts, and small errors in a name or date can create problems later. Bring a government-issued photo ID for yourself and your spouse if you are doing joint planning.
You will also need the full legal names and dates of birth for any minor children, since Florida requires wills to name a guardian for children under 18. If you have children from a prior marriage or stepchildren you want to include in your plan, bring their full names and their relationship to you clearly noted especially if your family situation includes a blended household. If you are thinking about estate planning for a blended family, this information is particularly important to have ready.
Financial Documents to Bring
You do not need to bring every statement from every account. What your attorney actually needs is an accurate picture of what you own, roughly how much it is worth, and how each account is currently titled. That information determines which tools a will, a trust, beneficiary designations, or some combination will work best for your situation.
| Document Type | What Your Attorney Needs From It | Why It Matters |
|---|---|---|
| Bank and savings accounts | Account title, approximate balance, current beneficiary (if any) | Jointly titled accounts pass automatically. Accounts with a named beneficiary bypass your will entirely. |
| Retirement accounts (IRA, 401k) | Account type, balance, current beneficiary designation | Retirement accounts pass by beneficiary designation, not your will. Outdated beneficiaries are one of the most common estate planning mistakes. |
| Investment and brokerage accounts | Account title, approximate value, TOD or beneficiary status | Determines whether the account can be retitled into a trust or needs a transfer-on-death designation. |
| Life insurance policies | Policy type, death benefit amount, named beneficiaries | Life insurance passes by beneficiary designation. A named beneficiary overrides anything in your will. |
| Business interests | Business structure, ownership percentage, buy-sell agreement if any | Business interests require specific planning for succession and may affect your overall estate structure. |
Understanding how beneficiary designations work in Florida before your consultation is worthwhile many people do not realize that a named beneficiary on a retirement account or life insurance policy overrides everything in their will, regardless of what the will says.
Real Estate and Property Documents
If you own real estate in Florida, your property deed is one of the most important documents to bring. Your attorney needs to see how the property is currently titled in your name alone, jointly with a spouse, or in some other form before recommending the right tool to transfer it.
For most Florida homeowners, the most efficient way to pass a home at death is a Lady Bird Deed, also called an enhanced life estate deed. It transfers the property directly to your chosen beneficiaries without probate, while you keep full control during your lifetime. You can read about the Lady Bird Deed tax implications and what you need to know before your meeting if you own a home and want to understand this option ahead of time.
If you own investment properties, vacation properties, or real estate in more than one state, bring deeds for each. Out-of-state property typically requires additional planning, since a Florida will does not automatically control property titled in another state.
Also bring vehicle titles for any cars, boats, or RVs with significant value, along with approximate current market values and any outstanding loan balances.
Existing Legal Documents
If you already have a will, a trust, a power of attorney, or a healthcare surrogate designation from a previous attorney or a prior marriage, bring copies. Your estate planning attorney needs to review what you already have before recommending changes.
Old documents are particularly important to flag. A will drafted in another state may not meet Florida’s execution requirements. A power of attorney from more than a few years ago may use outdated statutory language that some Florida financial institutions refuse to honor. A trust that was never properly funded meaning your assets were never retitled into the trust’s name does not do what you think it does. Information on how to fund a revocable living trust in Florida explains why this step matters.
If you had a prior marriage that ended in divorce, bring the divorce decree. In Florida, a divorce automatically revokes any bequest to a former spouse in a will executed before the divorce, but it does not automatically update beneficiary designations on retirement accounts or life insurance. Your attorney will want to confirm that your existing documents reflect your current situation. You can also review how to update or change your will in Florida to understand what the process involves before your meeting.
Family Information and Your Goals
Beyond documents, your attorney needs to understand your family situation and your goals. This is the part of the consultation that does not require paper it is a conversation about who matters to you and what you want to happen.
Who Should Inherit
Think through who you want to receive your assets and in what proportions. If you want to leave different amounts to different children, or skip a generation entirely, note that. If you have someone you specifically do not want to inherit an estranged relative, a former partner that is worth flagging too. Florida’s intestacy rules can produce unexpected outcomes if you die without a will, particularly for unmarried couples and blended families.
Who Should Manage Your Affairs
You need to name an executor (called a personal representative in Florida) to handle your estate after you die. If you have a trust, you need to name a successor trustee to step in when you are no longer able to manage it. Choosing the right person for this role matters you can read about how to choose a successor trustee in Florida to think through what qualities to look for before your appointment.
Who Should Make Decisions If You Cannot
A complete estate plan also covers incapacity what happens if you are alive but unable to manage your own affairs due to illness or injury. This means naming someone to handle your finances through a durable power of attorney, and naming a healthcare surrogate to make medical decisions on your behalf. Knowing the difference between a healthcare surrogate and a durable power of attorney before your consultation helps you walk in with a person in mind for each role.
Guardian for Minor Children
If you have children under 18, Florida law allows you to name a guardian in your will. Without a named guardian, a court decides who raises your children if both parents are gone. Come prepared with at least one person you would want in that role, and ideally a backup choice as well.
Questions to Ask Your Estate Planning Attorney
A good estate planning consultation runs in both directions. You should leave knowing not just what your plan will include, but why each document is in it and what it does. These are the questions most worth asking:
| Question | Why It Matters |
|---|---|
| Do I need a will, a trust, or both? | The right answer depends on what you own. A will alone still requires probate. If you own a home or multiple accounts, a trust or a Lady Bird Deed may serve you better. |
| Will my estate go through probate? | Florida probate can cost 3% or more of your estate’s value in attorney fees. Knowing which assets are exposed to probate and which are not helps you understand whether additional planning is needed. |
| What happens to my home if I die without a Lady Bird Deed or trust? | A home titled in your name alone at death goes through probate. A Lady Bird Deed or a funded revocable trust can eliminate that cost entirely. |
| Are my beneficiary designations up to date? | Retirement accounts and life insurance pass by beneficiary designation, not your will. An outdated designation can send assets to the wrong person. |
| What if I become incapacitated before I die? | Without a durable power of attorney, your family may need to go to court for legal authority to help you. The process takes months and costs thousands of dollars. |
| What is the total flat fee for my plan? | You should know the exact cost before any work begins. A reputable Florida estate planning attorney will give you a flat fee in writing, not an open-ended hourly estimate. |
| How long will it take to complete my plan? | Most estate plans at The Schoonover Law Firm are completed within 1 to 4 weeks from first call to signing. |
| When should I update my estate plan? | Every 3 to 5 years, and after any major life event marriage, divorce, a new child, a move, or the death of someone named in your documents. |
What Happens After the Consultation
Once your attorney has reviewed your information, they will recommend a plan and give you a flat fee for the work before anything starts. For most Florida families, a complete plan includes a will or revocable living trust, a Lady Bird Deed for any real estate, a durable power of attorney, a healthcare surrogate designation, and a living will.
If you choose a revocable living trust, the plan does not end at signing. The trust only works if your assets are transferred into it a step called funding. Understanding how a revocable living trust works in Florida gives you a clear picture of what is involved. You may also be weighing whether a trust or a will makes more sense for your situation the guide on whether you need a will if you already have a trust in Florida explains how the two documents work together.
After signing, your attorney should give you a complete set of your documents and clear instructions on how to keep the plan current. Life changes, and your estate plan should reflect it.
Frequently Asked Questions
What documents do I need for estate planning?
What happens at an estate planning consultation?
How do I prepare for an estate planning meeting?
Do I need a will, a trust, or both?
What questions should I ask an estate planning attorney?
Is a free estate planning consultation really free?
Do beneficiary designations override my will in Florida?
What is estate planning for inheritance in Florida?
How long does it take to complete an estate plan in Florida?
When should I update my estate plan?
Does The Schoonover Law Firm offer appointments in Spanish?
Work With a Florida Estate Planning Attorney
Bringing the right documents to your consultation is the first step. The second is working with an attorney who will review your entire picture your assets, your family, and your goals and build a plan that actually reflects them.
At The Schoonover Law Firm, every estate plan is backed by careful attention to how your assets transfer at death and what happens while you are still alive. A properly funded trust, a Lady Bird Deed for your home, and current beneficiary designations work together to protect your family from the costs and delays of Florida probate. For families concerned about long-term care, understanding Medicaid estate recovery in Florida is a critical part of the planning conversation.
Call (305) 299-7496 or email info@estateplanningattorney.us to schedule a free initial consultation. Phone and Zoom appointments are available Monday through Sunday, 8:00 AM to 9:00 PM.
The Schoonover Law Firm, P.A. | 6303 Waterford District Drive, Suite 400, Miami, FL 33126 | Florida Bar #124081
