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Plan Today. Protect Tomorrow.

At Berg Bryant Elder Law Group, estate planning is never one-size-fits-all. Every family has its own story, priorities, and challenges, which is why we focus on creating personalized strategies that reflect your life and your values. From wills and trusts to complex planning for future care, our Florida team is committed to guiding you with clarity and compassion so your loved ones are safeguarded for years to come.

Estate planning isn’t just for the wealthy—it’s for anyone who wants to protect their loved ones, preserve their legacy, and ensure their wishes are honored. 

At Berg Bryant Elder Law Group, we understand that thinking about the future can feel overwhelming. As your estate planning lawyer in Florida, we’ve created a compassionate approach to estate planning that makes the process clear, accessible, and tailored to your unique needs.

Your legacy deserves protection. Let us help you build a plan that provides security for generations to come.

What Is Estate Planning in Florida?

Estate planning is the process of arranging your affairs to ensure your assets are distributed according to your wishes after your passing. But a comprehensive estate plan goes far beyond just distributing property—it also addresses healthcare decisions, guardianship for minor children, and protection from unnecessary taxes and probate costs.

In Florida, proper estate planning is particularly important due to our unique state laws regarding homestead property, probate procedures, and tax considerations. Without a proper plan, your loved ones may face lengthy court proceedings, unexpected tax burdens, and decisions being made that don’t align with your wishes.

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Essential Documents in Your Florida Estate Plan

A comprehensive estate plan typically includes several key documents, each serving a specific purpose in protecting you and your loved ones:

Last Will and Testament

Your will is the foundation of your estate plan. It directs how your assets should be distributed upon your death and allows you to name a personal representative (executor) to manage your estate. For parents of minor children, a will is especially crucial as it allows you to designate guardians for your children.

However, it’s important to understand that a will must go through probate—the court-supervised process of validating the will and distributing assets. 

Revocable Living Trust

A revocable living trust offers significant advantages over a will alone. Assets placed in a trust avoid probate entirely, allowing for a smoother, private transfer of assets to your beneficiaries. While you’re alive, you maintain complete control over the trust assets, and you can modify the trust as your circumstances change.

For many Florida families, a revocable living trust is an essential tool for:

  • Avoiding probate costs and delays
  • Maintaining privacy (unlike wills, trusts are not public record)
  • Providing for the management of assets if you become incapacitated
  • Creating a streamlined way to transfer assets to loved ones
  • Advance Directives

These critical documents address healthcare decisions if you become unable to communicate your wishes:

  • Living Will: Expresses your preferences regarding end-of-life care, including life-sustaining treatments.
  • Designation of Health Care Surrogate: Appoints someone you trust to make medical decisions on your behalf if you cannot.
  • HIPAA Authorization: Allows designated individuals to access your medical information.
  • Durable Power of Attorney

This powerful document appoints someone to handle your financial affairs if you become incapacitated.

Without this document, your family may need to pursue guardianship through the courts—a process that can be expensive, time-consuming, and stressful during an already difficult time.

Declaration Naming Preneed Guardian

This often-overlooked document allows you to designate who should be appointed as your guardian if you become incapacitated and need court supervision. It also allows you to name guardians for your minor children or adult dependents with special needs.

Areas Served

Duval County

  • Jacksonville
  • Atlantic Beach
  • Jacksonville Beach
  • Neptune Beach
  • Baldwin

Clay County

  • Green Cove Springs
  • Orange Park
  • Middleburg
  • Lakeside
  • Fleming Island
  • Oakleaf Plantation
  • Bellair-Meadowbrook Terrace
  • Keystone Heights
  • Penney Farms

St. Johns County

  • St. Augustine
  • Hastings
  • Vilano Beach
  • St. Augustine Beach
  • Ponte Vedra / Ponte Vedra Beach
  • Fruit Cove
  • Palm Valley
  • Nocatee
  • World Golf Village
  • St. Augustine Shores
  • St. Augustine South
  • Sawgrass

The Estate Planning Process at Berg Bryant Elder Law Group

Our approach to estate planning focuses on education, clarity, and personalization. When you work with our team, we’ll guide you through a process designed to give you confidence and peace of mind:

  1. Initial Consultation: We’ll discuss your family situation, assets, and goals to understand what matters most to you.
  2. Customized Planning: Our Florida Board Certified Elder Law Attorneys will develop recommendations tailored to your specific needs.
  3. Document Preparation: We’ll draft all necessary legal documents in clear, straightforward language.
  4. Review and Execution: We’ll explain each document in detail and properly execute them according to Florida law.
  5. Ongoing Support: As life changes, we’re here to help you update your plan to ensure it continues to protect you and your loved ones.

Our goal is to make estate planning feel manageable—not overwhelming. With our team by your side, you’ll leave with a plan that’s not only legally sound but truly reflects your values.

When to Update Your Estate Plan

Life doesn’t stand still, and neither should your estate plan. We recommend reviewing your plan after significant life events such as:

  • Marriage, divorce, or remarriage
  • Birth or adoption of children or grandchildren
  • Purchase or sale of significant assets
  • Moving to a new state
  • Changes in tax laws
  • Death of a named beneficiary or fiduciary
  • Significant changes in your health

You don’t have to wait for a crisis to make changes. We’re here to help you update your plan anytime life takes a new turn.

Jacksonville Office (Main)
Orange Park Office
St. Augustine Office

Secure Your Legacy Today

Estate planning is one of the most thoughtful gifts you can give your loved ones. It provides clarity during difficult times, protects your legacy, and ensures your wishes are honored.

At Berg Bryant Elder Law Group, our Florida Board Certified Elder Law Attorneys understand the unique challenges and opportunities in Florida estate planning. We work with families throughout Northeast Florida, including Jacksonville, Orange Park, and surrounding communities.

Don’t leave your family’s future to chance. Contact us today to schedule a consultation and take the first step toward protecting what matters most.

Frequently Asked Questions

About Estate Planning

Do I need an estate plan if I don't have many assets?

Yes. Even with modest assets, an estate plan ensures your wishes are honored, potentially saves your loved ones from costly probate, and addresses crucial healthcare decisions if you become incapacitated. For parents of minor children, naming guardians is essential regardless of asset value.

What happens if I die without a will in Florida?

Florida’s intestacy laws will determine who receives your assets, which may not align with your wishes. Your estate will go through probate court, which can be lengthy and expensive, and the court will appoint a personal representative and potentially guardians for minor children.

How does Florida homestead law affect my estate plan?

Florida’s homestead laws provide important protections but also create restrictions on how your home can be transferred at death. These complex rules can significantly impact your estate plan, especially for blended families. Proper planning with an experienced Florida elder law attorney is essential to navigate these restrictions.

How often should I update my estate plan?

We recommend reviewing your estate plan every 3-5 years and after any major life changes such as marriage, divorce, birth of children, significant changes in assets, or relocation to a different state.

Can I create my own estate plan using online forms?

While DIY estate planning tools exist, they often fail to address Florida’s unique laws and your specific circumstances. Seemingly minor mistakes can lead to major problems after you’re gone, potentially costing your loved ones far more than the cost of proper planning with an experienced attorney.

Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.

Jacksonville Office (Main)
  • 7545 Centurion Parkway, Suite 108
    Jacksonville, FL 32256
    Monday-Friday: 8:30 AM - 5:00 PM
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Orange Park Office
  • 1929 Park Avenue
    Orange Park, FL 32073
    Monday-Friday: 8:30 AM - 5:00 PM
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St. Augustine Office
  • 145 Land Grant Ste 6
    St. Augustine, FL 32092
    Monday-Friday: 8:30 AM - 5:00 PM
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