Estate Planning Attorney in Bal Harbour, Florida Wills, Trusts, and Lady Bird Deeds
Protect your Bal Harbour condo, your family, and everything you’ve built with a clear estate plan that works under Florida law. We serve Bal Harbour residents in English and Spanish.
Estate Planning Attorney Serving Bal Harbour, Florida
Bal Harbour Village is one of the smallest incorporated places in Florida, just under half a square mile; but it holds some of the most valuable real estate in the state. The oceanfront condominiums along Collins Avenue, from One Bal Harbour to the St. Regis Residences, regularly trade at $1 million or more, and the families who own them come from across the United States, Latin America, Canada, and Europe.
That combination of high asset values and international ownership makes estate planning in Bal Harbour more consequential and more complicated; than almost anywhere else in Miami-Dade County. A condo worth $1.5 million left in an owner’s name alone, with no Lady Bird Deed or trust in place, can generate more than $45,000 in required probate attorney fees before a single dollar reaches the family. For a foreign national owner without a U.S. estate plan, the exposure is even larger: the federal estate tax exemption for non-U.S. citizens is only $60,000.
Typical Condo Value
Florida's 3% probate fee on a $1.5 million Bal Harbour condo equals $45,000 in attorney fees before your family sees a dollar. A Lady Bird Deed eliminates that entirely.
Foreign National Estate Tax Exemption
Non-U.S. citizens face a $60,000 federal estate tax exemption — compared to over $13 million for U.S. citizens. Proper planning is essential for Bal Harbour's international owners.
Core Documents
Last will, revocable living trust, Lady Bird Deed, durable power of attorney, healthcare surrogate designation, living will.
Languages
Full estate planning service in English and Spanish for Bal Harbour's diverse community Hablamos Español.
What Does an Estate Plan Actually Include?
A complete estate plan usually comes down to six documents. Here’s what each one actually does, in plain terms.
| Document | What It Actually Doess |
|---|---|
| Last Will and Testament | Names who receives your assets after you die and who raises your minor children. Florida requires two witnesses and a notary. Without one, Florida intestacy law decides everything — and it may not match your wishes. |
| Revocable Living Trust | Holds your assets during your lifetime and distributes them to your chosen beneficiaries at death — without going through probate court at all. Especially valuable for Bal Harbour residents with high-value condos or accounts in multiple states. |
| Lady Bird Deed | A simple, low-cost document that passes your Bal Harbour property directly to your chosen beneficiary at death — no probate, no court, no delay. You keep full control while you are alive: sell it, refinance it, or change the beneficiary at any time. |
| Durable Power of Attorney | Lets a person you trust step in to manage your finances and property if you become too ill or injured to do it yourself, without a judge having to appoint them. |
| Healthcare Surrogate Designation | Names the person who makes medical decisions for you when you cannot speak for yourself. Without it, Florida law assigns that role from a ranked list of relatives, which may not be who you would choose. |
| Living Will | Puts your wishes about life support and end-of-life care in writing, so your family never has to guess or argue about what you would have wanted. |
Don't Leave It to the State
This is one of the most common questions Bal Harbour residents ask, and the honest answer surprises most people: dying without a will doesn’t mean your family quietly figures things out. It means Florida’s intestacy law decides everything for you; who inherits, how much, and in what order, regardless of what you would have actually wanted.
Under Florida’s default rules, a surviving spouse doesn’t automatically inherit everything if the deceased had children from a prior relationship. An unmarried partner, even one who shared a home at One Bal Harbour for decades, inherits nothing at all, because Florida’s law does not recognize long-term companions as heirs. Stepchildren who weren’t legally adopted receive nothing unless they are named in a will.
For Bal Harbour’s many international property owners, the stakes are even higher. A foreign national who dies without a U.S. will and without any transfer mechanism on the Florida condo; can trigger both Florida probate and federal estate tax simultaneously, a combination that can consume a significant portion of the property’s value before heirs see anything.
A straightforward last will and testament solves the first problem. Proper estate planning solves all of it.
What Is a Lady Bird Deed, and Why Does It Matter Here?
If you own property in Bal Harbour, a Lady Bird Deed, also called an enhanced life estate deed is likely the single most cost-effective planning tool available to you. It passes your property directly to whoever you choose the moment you die, with no probate court, no waiting, and no attorney fees eating into your family’s inheritance.
What makes it different from a standard deed transfer: you keep every right to the property while you’re alive. You can sell it, refinance it, rent it, or change the beneficiary at any time entirely on your own, without asking the beneficiary’s permission. The person set to inherit has no legal claim to the property until you pass away.
Does a Lady Bird Deed avoid probate? Yes. A properly drafted and recorded Lady Bird Deed transfers the property directly to your named beneficiary at death, outside of the probate process entirely.
Important note for Bal Harbour condo owners: Many Bal Harbour condominium associations require review or approval of deed transfers, including Lady Bird Deeds. Attorney Schoonover coordinates directly with HOA and condo association counsel to confirm compliance before recording something no template-farm competitor addresses or even acknowledges.
For international owners: A Lady Bird Deed also removes the property from the U.S. probate estate for estate tax purposes reducing the taxable estate and potentially eliminating or reducing the federal estate tax exposure that non-U.S. citizens face on Florida property. For a foreign national who owns a $1.5 million condo and faces a $60,000 estate tax exemption, this distinction is significant.
None of the firms currently competing for Bal Harbour estate planning searches offer Lady Bird Deed services.
Special Planning Needs Unique to Bal Harbour
Bal Harbour’s resident profile is unlike most Florida communities. Many owners occupy their condos only part of the year; snowbirds from New York, Canada, or Europe who spend winters in Bal Harbour and summers elsewhere. Others are full-time international investors who own the property for rental or long-term appreciation but may never establish U.S. residency. Both situations require planning that generic estate planning templates simply don’t address.
Seasonal Residents
Domicile Planning: If you split your time between Florida and another state, both states may try to claim you as a domiciliary and assert probate jurisdiction over your estate. Filing a Florida Declaration of Domicile, a sworn statement recorded with Miami-Dade Circuit Court; establishes Florida as your legal home and protects your estate from competing probate claims in another state.
Attorney Schoonover handles this filing as part of a comprehensive Bal Harbour estate plan.
Foreign Nationals & Non-U.S. Citizens
Estate Tax Exposure: Non-resident aliens who own U.S. property receive only a $60,000 federal estate tax exemption, compared to over $13 million for U.S. citizens. On a $1.5 million Bal Harbour condo, that leaves approximately $1.44 million potentially subject to federal estate tax at rates up to 40 percent.
Solutions: Holding Florida property through a properly structured entity: a U.S. LLC or a foreign corporation or using a funded revocable trust can dramatically reduce or eliminate this exposure. This planning must happen before death.
Incapacity Planning
A durable power of attorney lets your chosen agent manage your Bal Harbour property, bank accounts, and financial affairs if you become unable to do so yourself, without a judge having to appoint a guardian. A healthcare surrogate designation names who makes medical decisions for you.
Without these documents, your family must petition Miami-Dade Circuit Court for guardianship, a process that typically takes 60 to 120 days and costs $3,000 to $5,000 before anyone has legal authority to help you.
- Super Lawyers Rising Stars 2021 through 2026
- 2024 Elite Lawyer Award
- Bal Harbour #124081, admitted September 2016
Why Choose The Schoonover Law Firm for Estate Planning in Bal Harbour?
Yanitza Schoonover is a Florida Bar licensed estate planning attorney based in Miami with 15+ years of Florida estate law experience. She holds Florida Bar number 124081 with active good standing status and drafts every estate planning document for Bal Harbour families personally, from the initial consultation through trust funding and deed recording.
Bal Harbour estate planning requires more than filling in a standard template. Florida homestead restrictions, Miami-Dade County recording requirements, and the specific probate avoidance tools that protect Bal Harbour families, particularly condominium transfers and international estate planning; demand an attorney who knows local law and explains it in plain language, not legal shorthand.
Years in Estate Law
Years Licensed
Consecutive Rising Stars
Weekly Availability
Why Bal Harbour Property Owners Choose This Firm
Every result currently showing up for Bal Harbour estate planning searches has the same problem: no real local knowledge. One firm’s name suggests it primarily serves Key West, 160 miles away. The other two are South Florida template operations, one with 400+ identical city pages, one with boilerplate copy that never mentions Bal Harbour’s condominiums, foreign national owners, or HOA requirements. At The Schoonover Law Firm, P.A., estate planning for Miami-Dade families and property owners is the entire practice.
Lady Bird Deed Services; No Competitor Offers This
We draft, clear HOA requirements for, and record Lady Bird Deeds for Bal Harbour condo and property owners, eliminating probate fees that can exceed $45,000 on a $1.5 million property.
International Estate Planning Expertise
Attorney Schoonover works with foreign national owners and seasonal residents on Florida Declaration of Domicile filings, non-resident alien estate tax planning, and trust structures that protect high-value Bal Harbour real estate.
Predictable Flat-Fee Pricing
Every estate plan is priced as a flat fee, confirmed in writing before any work begins; no hourly billing, no surprises.
A Real Miami-Dade Office, Close to Home
Attorney Schoonover works from Miami, a short drive from Bal Harbour, not a firm in Boca Raton or the Florida Keys treating your city as one line in a list of hundreds.
Plain-Language Guidance
Every document is explained in clear, actionable terms, so you understand exactly how each piece of your plan protects your family and your Bal Harbour property.
One Attorney, Every Document, Personally
Attorney Schoonover drafts every will, trust, deed, and power of attorney herself. Your plan is never handed off to an associate or paralegal.
Estate Planning Attorney Serving Bal Harbour and Surrounding Communities
Primary Service Areas
Bal Harbour · Bay Harbor Islands · Surfside · Sunny Isles Beach · Aventura · Golden Beach · North Miami Beach · Miami Beach · Indian Creek Village · Miami Shores
In-Person Appointments
Monday through Friday Before 5:00 PM By appointment only
Phone & Zoom
Monday through Sunday 8:00 AM to 9:00 PM Evenings & weekends available
Office: 6303 Waterford District Dr, Suite 400, Miami, FL 33126 · Short drive from Bal Harbour · All in-person visits by appointment only
Estate Planning Questions from Bal Harbour Residents
Common questions Attorney Schoonover receives from Bal Harbour residents and property owners during initial consultations.
What is a Lady Bird Deed in Florida?
A Lady Bird Deed — also called an enhanced life estate deed — lets you transfer your Bal Harbour property to a chosen beneficiary at death without going through probate court, while keeping full control of the property during your lifetime. You can sell it, refinance it, or change the beneficiary at any time without the beneficiary’s consent.
Does a Lady Bird Deed avoid probate?
Yes. A properly drafted and recorded Lady Bird Deed transfers the property directly to your named beneficiary at death, entirely outside of the probate process. For a Bal Harbour condo worth $1.5 million, this can save more than $45,000 in required probate attorney fees.
Do I need to notify my Bal Harbour condo association before recording a Lady Bird Deed?
Many Bal Harbour condominium associations require review or approval of any deed transfer, including Lady Bird Deeds. Attorney Schoonover coordinates directly with HOA and condo association counsel to confirm compliance before recording the deed — a step that generic template-farm competitors skip entirely.
What happens if a non-U.S. citizen dies owning a Bal Harbour condo?
Florida probate applies to all Florida property regardless of the owner’s citizenship. For foreign nationals, the federal estate tax exemption is only $60,000 — compared to over $13 million for U.S. citizens. Proper planning using a Lady Bird Deed, funded trust, or ownership entity can significantly reduce or eliminate both probate exposure and estate tax liability.
How to avoid probate in Florida?
The two primary tools are a funded revocable living trust, which passes all trust assets at death without court involvement, and a Lady Bird Deed, which does the same specifically for real estate. Beneficiary designations on accounts and joint ownership with survivorship rights also transfer those assets outside of probate.
What happens if you die without a will in Florida?
Florida’s intestacy law decides who inherits your estate and in what order, based on fixed default rules rather than your wishes. Unmarried partners inherit nothing regardless of how long the relationship lasted. A will puts your own decisions in writing instead of Florida’s default assumptions — and for Bal Harbour property owners, it prevents a far more expensive outcome.
Do I need a trust in Florida, or is a will enough?
It depends on what you own. A will alone still requires probate. If you own Bal Harbour real estate or significant financial accounts and want to avoid probate — and the fees that come with it — a trust or Lady Bird Deed is usually the better fit. Many Bal Harbour estate plans include both.
Do I need a Florida Declaration of Domicile if I split time between Florida and another state?
Yes, if you want to establish Florida as your legal home for probate and tax purposes. Filing a Florida Declaration of Domicile with Miami-Dade Circuit Court creates an official record of your intent and protects your estate from competing probate claims by another state after your death.
How much does estate planning cost in Florida?
At The Schoonover Law Firm, every service is priced as a flat fee, confirmed in writing before any work begins. A basic will package typically runs $800 to $1,500. A complete trust-based plan, including a Lady Bird Deed, typically runs $3,500 to $8,000. International estate planning with entity structures is quoted individually based on your assets.
Does this firm offer a free consultation?
Yes. Attorney Schoonover offers a free initial consultation to review your situation and explain exactly what you need before any work begins, with no obligation to move forward.
Does this firm offer services in Spanish?
Yes. Every consultation, document review, and signing appointment is available in Spanish. Hablamos Español — for Bal Harbour’s many Spanish-speaking residents and Latin American property owners.
Start Your Bal Harbour Estate Plan Today
A complete Bal Harbour estate plan typically takes 1 to 4 weeks from first call to signing. Attorney Schoonover reviews your assets, your family, and your goals on the first call and tells you exactly what you need and what it costs before any work begins, with no obligation to move forward.
Attorney Schoonover drafts complete Florida estate plans for Bal Harbour, Bay Harbor Islands, Surfside, Sunny Isles Beach, and surrounding communities; including last wills, revocable living trusts, Lady Bird Deeds, durable powers of attorney, healthcare surrogate designations, and living wills. Want to understand how to avoid probate in more depth first? Start there, then come back to build your Bal Harbour plan.
Start With a Free Consultation
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Email info@estateplanningattorney.us
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Schedule a Free Consultation at estateplanningattorney.us
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In-person meetings by appointment only.
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English and Spanish, Hablamos Español
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Flat fee for estate planning, fee quote provided before any work begins
