Delray Beach Estate Planning, Medicaid Planning, Elder Law & Probate Attorneys

Estate Planning in Delray Beach

An estate plan says who gets your property. It also says who makes decisions if you can't, and who cares for your children. Without one, Florida law fills in the blanks, and a judge may end up deciding what your family would have settled over coffee.

Wills, Trusts, and Powers of Attorney

Most plans start with a few core documents:

• A will names your beneficiaries and your personal representative. Florida requires two witnesses when you sign it.
• A revocable living trust can hold your assets during life and pass them on after death. Property that is properly placed in a trust can often skip probate.
• A durable power of attorney lets someone you trust handle your money if you can't. In Florida, it must be signed in front of two witnesses and a notary.
• A health care surrogate designation names who speaks for you on medical decisions. A living will states your wishes about end-of-life care.

We also prepare HIPAA authorizations, review beneficiary designations, and name guardians for minor children.

Planning for Homes, Condos, and Second Residences

Florida homestead rules play a big part in many plans. If you are married or have minor children, you may not be free to leave your home to just anyone. Condo owners have another layer to think about, since associations can have their own rules. If you live part of the year somewhere else, we look at where each asset sits and which state's laws apply.

When to Update an Older Plan

Pull out your documents after a marriage, divorce, birth, death, move, or big change in your finances. A plan written in another state deserves a second look too. Something that worked well in New York can leave gaps in Florida.

Medicaid Planning for Delray Beach Seniors

Long-term care is expensive, and Medicare doesn't cover most of it. Medicare may pay for a short rehab stay after a qualifying hospital stay. Past that point, families often pay out of pocket until Medicaid becomes an option.

How Florida Medicaid Helps Pay for Long-Term Care

Medicaid can help cover nursing home care, and some assisted living and in-home services. Florida sets firm limits. As of 2026, an applicant can generally keep $2,000 in countable assets, and the monthly income cap is $2,982. Income above the cap may call for a Qualified Income Trust. These figures change, so we confirm them at the start of every case.

Many people assume Medicaid means spending down everything. Not always. A home, a car, and personal belongings are often treated as exempt. Planning can affect how the rest is handled.

The Five-Year Look-Back

When you apply, the state reviews five years of financial records. Gifts and below-market sales can trigger a penalty period when Medicaid won't pay. That is why it pays to get advice before you move any money or retitle any property.

Protecting a Spouse at Home

When one spouse needs care, the other spouse, called the community spouse, can usually keep the home, a car, and part of the couple's assets and income. In 2026, the community spouse resource allowance tops out at $162,660. The right approach depends on timing, how assets are titled, and which accounts are involved.

Elder Law Services in Delray Beach

Elder law covers the legal side of aging. It brings together planning for care, planning for incapacity, and family decision-making.

Incapacity Planning and Guardianship

When a loved one can no longer make sound decisions and has no power of attorney, a family may need to ask a court for guardianship under Florida Statutes Chapter 744. It is a public, court-supervised process, and it can be slow and stressful. Having the right documents in place ahead of time can often avoid it. We help families with both sides: the planning and, when needed, the guardianship.

Long-Term Care Decisions for Families

Where should Mom live? Who pays for it? What happens to the house? These questions rarely come one at a time. Partner Tara Wood has spent years speaking at clinics and visiting nursing homes to educate seniors and their families. We also work with relatives who live out of state through video meetings and electronic signing.

Probate Help for Delray Beach Estates

Probate is the court process that confirms a will, pays debts, and passes property to the right people. In Florida, the rules are mainly in Chapter 733 of the Florida Statutes. Probate cases for Delray Beach residents are handled through Palm Beach County.

Formal, Summary, and Ancillary Administration

Formal administration is used for larger or more complex estates and can take 9 months to a year or longer. Summary administration is a faster route for smaller estates and may wrap up in a few months. Ancillary administration applies when someone lived in another state but owned Florida property. That one comes up often with Delray Beach condos owned by seasonal residents.

What to Do First After a Death

• Find the original will. Florida requires it to be filed with the clerk of court within 10 days after you learn of the death.
• Secure the home, vehicles, and accounts.
• Gather account statements, deeds, and insurance papers.
• Talk with a probate attorney before paying bills or giving away property.