Delray Beach Estate Planning Attorneys

From a bungalow in Pineapple Grove to a condo west of I-95, Delray Beach homes raise the same big questions. Who gets the property? Who pays the bills if you're sick? Who speaks for you at the doctor's office? 

LEEP LAW GROUP, a Boca Raton firm that has handled more than 2,400 cases since 2014, helps Delray Beach families answer those questions in writing. Founding partners Tara Wood and Christine Schafer have both been selected to Super Lawyers, proudly serving the community to help safeguard futures. 

Ready to start your plan? Call (561) 760-9685 or schedule a free consultation.

What Estate Planning Covers in Florida

Think of an estate plan as a set of instructions for the people who will help you later. It answers a few simple questions. Who gets your property? Who pays your bills if you are sick? Who makes medical decisions when you can't speak for yourself? Who raises your children?

If you don't answer those questions in writing, Florida law answers them for you. That can mean court involvement, delays, and family stress at the worst possible time.

Why Delray Beach Residents Should Plan Ahead

Delray Beach has about 70,000 residents, and the median age is around 45. Many people here own homes near the Intracoastal or condos along Atlantic Avenue. Others live in 55-plus communities west of I-95, such as Kings Point. Plenty of owners spend part of the year in another state.

That mix creates real planning questions:

• A condo or second home in Florida may need a separate court case after a death if the owner lived elsewhere.
• Hurricane season is a good reminder to keep copies of your documents somewhere safe and easy to reach.
• Florida has no state estate or inheritance tax, but federal rules still apply to larger estates.
• Blended families need clear instructions, so a second spouse and children from a first marriage aren't left guessing.

Core Documents in a Delray Beach Estate Plan

Last Will and Testament

A will names who receives your property and who serves as your personal representative. Florida requires two witnesses. A will also lets you name a guardian for minor children. Wills usually go through probate, so many families pair them with other tools.

Revocable Living Trust

A trust is a legal arrangement that holds property for your benefit now and your beneficiaries later. You can change a revocable trust while you are alive. Assets titled in the trust can often pass to your beneficiaries without a probate case. Florida's Trust Code is in Chapter 736 of the Florida Statutes.

Durable Power of Attorney

This document lets someone you trust manage your money and property if you can't. Florida law requires two witnesses and a notary. Since 2011, Florida no longer allows new "springing" powers of attorney that only begin after incapacity, so the agent you pick matters a great deal.

Health Care Surrogate and Living Will

A health care surrogate designation names the person who talks with doctors for you. A living will states your wishes about life-prolonging treatment. Together, they spare your family from guessing. We add a HIPAA authorization so your surrogate can get your medical records.

Guardian Designations for Children

If you have young children, naming a guardian may be the most important line in your plan. We help you think through who is a good fit and who should manage money left to a child.

Will or Trust? How to Choose

There is no one right answer. A will is simple and costs less to set up. It does not avoid probate. A trust takes more work at the start and requires you to retitle assets, but it can keep your estate out of court and private.

A trust is often worth a look if you own real estate in Florida and another state, have a blended family, or want to control how a young beneficiary receives money. A will may be enough if your estate is small and most assets already pass by beneficiary designation. We talk through your numbers and your family before making any recommendations.

Florida Rules That Can Affect Your Plan

• Homestead. Florida limits who can receive a homestead property when the owner leaves a spouse or minor child. This can surprise people who assumed they could leave the house to anyone.
• Witness rules. A Florida will needs two witnesses. A plan signed with the wrong formalities can fail.
• Documents from other states. Many Delray Beach residents moved here with an older plan. We review it against Florida law and update it as needed.
• Beneficiary designations. Retirement accounts and life insurance pass by the form on file, not by your will. Those forms need to match your plan.

How Our Estate Planning Process Works for Delray Beach Clients

1. Consultation. We learn about your family, your assets, and your worries.
2. Review. We look at your finances, family dynamics, and risks.
3. Plan design. We recommend a plan and explain each document in plain language.
4. Drafting. We prepare the documents and revise them with your input.
5. Signing. We supervise the signing under Florida law, and we stay available when it's time for updates.

Why Delray Beach Clients Hire LEEP LAW GROUP

We practice in a small corner of the law, and we stay there. Estate planning, elder law, and probate are all we do. That focus shows up in how we draft, and in how we plan for what happens after a document is signed.

Tara Wood has built her practice around elder rights. She holds a B.A. from the University of Florida and a J.D. from Nova Southeastern University, and she is active in the Elder Law Section and the Real Property and Probate Law Section of the Florida Bar. Christine Schafer, a Nova Southeastern graduate, was named a Super Lawyers Rising Star from 2018 to 2024 and holds a 10.0 Avvo rating. The Boca Raton Observer named her a top probate lawyer.

Because we handle probate too, we know where plans go wrong when families have to use them. We write with that in mind.

Delray Beach Estate Planning FAQs

When should I start estate planning?

As soon as you have people or property you care about. Marriage, a new baby, a home purchase, and retirement are all common starting points. A plan can always be updated later.

Does a will avoid probate in Florida?

No. A will is the document the court follows during probate. A properly funded trust, beneficiary designations, and some forms of joint ownership can pass assets outside probate.

Can I use my out-of-state will in Florida?

Typically, it is valid, but it may not work smoothly with Florida's rules. A review can catch gaps, such as a missing health care surrogate or powers of attorney that don't meet Florida's requirements.

How often should I update my estate plan?

Review it every few years, and after major life events like a marriage, divorce, birth, death, or move. Changes in your finances or in the law are also good reasons.

What if I own a condo in Delray Beach but live elsewhere for part of the year?

Your plan should account for property in each state. Without planning, your family may face a probate case in Florida and another in your home state. We can look at how to simplify that.

Do I need a lawyer to make a will?

Florida doesn't require one. But small mistakes, like a missing witness, can cause big problems later. An attorney can ensure the document meets legal formalities and aligns with the rest of your plan.

Start Your Delray Beach Estate Plan

You don't need every answer before you call. Bring your questions, and we will take it from there. Call LEEP LAW GROUP at (561) 760-9685 or contact us online to schedule a free consultation.