West Palm Beach, Florida
Estate Planning Attorneys Serving West Palm Beach, Palm Beach County
Florida wills, revocable living trusts, advance directives, homestead planning, and probate administration, drafted to fit the actual people in your life. Estate plans for West Palm Beach families cover the same ground as anywhere else in Florida. Wills, revocable trusts, powers of attorney, healthcare directives, and the homestead rules that decide what your will can and can't do. Gwen Walkowiak drafts them.
How we approach estate planning matters in West Palm Beach
West Palm Beach is about three and a half hours southeast of our Lutz office. Palm Beach real estate runs from the barrier-island estate market of Palm Beach proper to the waterfront and inland residential property across the county. David is Board Certified in Real Estate Law through The Florida Bar, a credential that applies in Palm Beach the same as it does anywhere. Gwen drafts Florida estate plans for West Palm Beach families under Florida statutes that work the same way in every county.
Palm Beach County courts and local practice notes
Palm Beach probate is heard in West Palm Beach. Homestead, trust, and elective-share litigation shows up here more than in most counties, and a well-drafted plan avoids most of it.
Directions from West Palm Beach: From West Palm Beach, the drive to our Lutz office runs about three and a half hours northwest via the Florida Turnpike and I-75. That drive is rarely part of a West Palm Beach engagement. Phone and Zoom consultations are the default. Closings coordinate remotely with the West Palm Beach area title company by e-signing and wire. Secure portal and video strategy calls cover the rest.
About our estate planning practice
An estate plan is a set of instructions for the people you love about what you want done when you can’t speak for yourself, whether because of incapacity or because you are gone. Done well, an estate plan prevents a fight at the worst possible moment in your family’s life. Done poorly, or not at all, it is the source of that fight.
What a will actually does in Florida
A valid Florida will lets you:
- Distribute your property the way you want, including specific bequests to family, friends, or charity
- Name a guardian for minor children so a court does not choose for you
- Designate a personal representative (executor) you trust to manage the process
- Provide for pets through a pet trust or designated caregiver
- Make funeral and burial wishes known in writing
Without a will, Florida’s intestacy statute decides all of this for you. The result is rarely what the family would have chosen.
Valid wills in Florida
Florida has specific execution requirements. A will must be:
- In writing
- Signed by the person making it (the “testator”)
- Signed in the presence of two witnesses
- Signed by those witnesses in the presence of the testator and each other
Handwritten (holographic) wills and oral wills are not valid when drafted in Florida. A foreign-language will may be valid if accompanied by an English translation, but we still recommend review.
If you had a will drafted in another state, Florida will generally recognize it. But Florida’s homestead rules can override provisions you thought were settled, and we recommend that every new Florida resident have their existing will reviewed by a Florida attorney.
Beyond the will
A complete estate plan usually includes:
- A revocable living trust for probate avoidance and privacy
- A durable power of attorney so someone you trust can act on your behalf if you become incapacitated
- A health-care surrogate designation so someone you trust can make medical decisions
- A living will so providers know what life-prolonging care you want
- Updated beneficiary designations on retirement accounts, life insurance, and bank accounts. These pass outside your will and are often the source of conflict.
Gwen Walkowiak has built the firm’s estate planning practice around the questions a software checklist doesn’t ask. Who are the people in your life. What do they need. What do you want your last act to be on their behalf.
Common questions
Frequently asked about estate planning in West Palm Beach
How do West Palm Beach estate plans differ from anywhere else in Florida?
The documents are the same. Florida statutes control what a will, trust, or power of attorney does, and they don't change at county lines. What changes is the probate court. We draft with Palm Beach County administration in mind so the estate moves through smoothly if it ever has to.
Can I write my own will in Florida?
Florida does not recognize handwritten (holographic) or oral wills drafted within the state. A Florida will must be in writing, signed by you, and witnessed by two people present at the signing. Self-drafted wills that don't meet these requirements are invalid.
What happens if I die without a will in Florida?
Your estate passes under Florida's intestacy statute, which distributes assets according to a fixed formula, not necessarily what you would have chosen. Guardianship for minor children may also be decided by a court rather than by you.
My will was drafted in another state. Is it still valid in Florida?
Generally, Florida recognizes a will that was valid in the state where it was executed, with some exceptions. We still recommend review, especially for Florida's unique homestead rules, which can override distributions you intended.
What is a living will, and do I need one?
A living will tells medical providers what life-prolonging treatment you do and don't want if you're terminally ill and can't speak for yourself. It's paired with a health-care surrogate designation so someone you trust can make other medical decisions. Both are inexpensive to prepare and spare your family from having to guess.
What makes Florida's homestead rules different?
Florida's constitution protects your primary residence from most creditors and restricts how you can devise it if you're survived by a spouse or minor child. These rules can override your will. Any estate plan built without Florida homestead in mind is incomplete.
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Schedule an initial consultation in person, by video, or by phone. We'll explain your estate planning options plainly and tell you whether we're the right firm.