Bogin, Munns & Munns P.A.
(855) 780-9986
(855) 780-9986
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Click Here to Request a Consultation
Bogin, Munns & Munns

Gainesville Estate Planning Attorneys

Your legal issues need our expertise. With 40+ dynamic attorneys on staff, Bogin, Munns & Munns serves Central Florida’s legal needs and treats our clients like family.
4411 NW 8th Ave, Suite B, Gainesville, FL 32605 352-389-3755 View all Google Reviews here
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On This Page
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  1. What Does an Estate Plan Actually Cover?
  2. Will or Trust: What Actually Makes Sense for Your Situation?
  3. Planning for Incapacity, Not Just Death
  4. Federal Estate Tax and High-Value Estates
  5. When Should You Update Your Estate Plan?
  6. Who Handles Estate Planning at Our Gainesville Office
  7. Ready to Get Your Estate Plan in Place?

Estate planning is the process of creating a coordinated legal strategy to manage your medical care, finances, and property distribution if you become incapacitated or pass away. At Bogin Munns & Munns, we provide comprehensive estate planning services for individuals, families, and business owners throughout Alachua County. We draft and integrate your wills, trusts, and advance directives to ensure your assets and healthcare preferences are protected according to your specific intentions.

We handle estate planning from our Gainesville office on NW 8th Avenue. Call our Gainesville office at (352) 332-7688 to schedule a consultation. 

What Does an Estate Plan Actually Cover?

A complete estate plan does more than distribute property after death; it provides legal authority for your affairs while you are still living. A robust plan typically includes:

  • Last will and testament — names your beneficiaries, your personal representative, and (for parents) your children’s guardian
  • Revocable living trust — allows assets to transfer without going through probate court
  • Durable power of attorney — authorizes someone to manage your finances if you become incapacitated
  • Healthcare surrogate designation — names the person who makes medical decisions on your behalf
  • Living will / advance directive — states your wishes regarding end-of-life care

Each document has specific execution requirements under Florida law. A will missing a witness signature, or a trust that was never funded, can leave your family in a difficult position after you are gone.

Will or Trust: What Actually Makes Sense for Your Situation?

The choice between a will and a trust depends on your asset structure and family goals.

  • Wills: Manage asset distribution through the Florida probate court system. This is often suitable for straightforward estates.
  • Revocable Living Trusts: Enable assets to transfer directly to beneficiaries, avoiding the time and administrative costs of court proceedings.

For UF faculty, medical professionals, and business owners with assets across multiple accounts or states, a trust often provides the security and privacy required. We review your full financial picture before recommending a structure that fits your unique needs.

Planning for Incapacity, Not Just Death

Many people focus their estate plan entirely on what happens after death and skip the documents that matter while they are still alive.

an eldery couple consulting an estate planing lawyer, sitting at the table checking papersA durable power of attorney gives your designated agent authority over your finances if you become incapacitated. A healthcare surrogate designation and a living will give your family and physicians clear direction without requiring a court proceeding.

Without those documents, your family may need to pursue formal guardianship through the 8th Judicial Circuit to make decisions on your behalf. That process takes time and money a proper plan avoids entirely.

The Social Security Administration also provides survivor planning resources at ssa.gov for families thinking through the full financial picture alongside their estate documents.

Federal Estate Tax and High-Value Estates

Most Florida residents will not owe federal estate tax. The federal exemption is currently approximately $15 million per individual, and married couples can combine their exemptions through portability. For professionals with significant retirement accounts, life insurance policies, or business interests, it is still important to review your plan periodically to ensure it remains optimized for current tax laws.

The IRS publishes current estate and gift tax exclusion figures at irs.gov.

Florida has no state estate tax or inheritance tax. What your heirs owe after your death depends entirely on federal law and how your assets are structured.

When Should You Update Your Estate Plan?

two people sitting on a professional environment table, while one signs papersAn estate plan signed years ago may no longer reflect your life.

Common triggers for reviewing or updating your documents:

  • Marriage, divorce, or remarriage
  • Birth or adoption of a child
  • Death of a named beneficiary or personal representative
  • Significant change in assets or income
  • Purchasing real estate in Florida or another state
  • Retirement or a change in employment
  • A beneficiary developing a disability or financial difficulty

Beneficiary designations on retirement accounts and life insurance update separately from your will. Many families discover after a death that a 401(k) still lists an ex-spouse, or that an IRA names the estate instead of a person. Those designations control the asset regardless of what the will says.

Call 352-332-7688 or contact us online to review your current plan. 

Who Handles Estate Planning at Our Gainesville Office

Adam S. Towers

Adam S. Towers, Gainesville Estate Planning Lawyer

Adam S. Towers is a shareholder and the founding attorney of our Gainesville office, which he established in 2007.

He handles estate planning, trust administration, probate, and inheritance disputes for individuals and business owners throughout North Central Florida, and has practiced law since 2001.

Adam Towers is a graduate of Leadership Gainesville and has served on nonprofit boards throughout the community.

Our Gainesville office is at 4411 NW 8th Avenue, Suite B, Gainesville, FL 32605.

Ready to Get Your Estate Plan in Place?

Estate planning is easier when you have time to make decisions clearly, not under pressure from a health event or a family deadline.

We work with Gainesville and Alachua County residents on wills, trusts, powers of attorney, healthcare directives, and business succession planning from our office at 4411 NW 8th Avenue, Suite B.

Bogin Munns & Munns also handles probate, real estate, personal injury, criminal defense, immigration, bankruptcy, and workers’ compensation from 11 offices across Central Florida, including Orlando, Daytona Beach, Melbourne, and beyond.

Call 352-332-7688 or contact our Gainesville office online to schedule your estate planning consultation. 

Frequently Asked Questions

  • Estate planning attorneys typically charge flat fees for foundational documents. A basic will-based plan (will, power of attorney, healthcare surrogate, and living will) usually costs less than a trust-based plan, which involves additional drafting and a funding process. We go over fees at the start of every consultation. The cost of a proper plan is almost always lower than the cost of a probate proceeding or a family dispute over an unclear document.

  • You can, but a minor cannot legally manage inherited property. If assets pass directly to a child under 18, a court may appoint a guardian of the property to oversee the money until the child reaches adulthood. A trust lets you name a trustee of your choice, specify when and how the child receives assets, and avoid court involvement entirely. This is one of the most common reasons grandparents set up trusts as part of their estate plan.

  • A last will and testament takes effect after your death and controls how your assets are distributed. A living will, also called an advance directive, takes effect during your lifetime if you become terminally ill and cannot communicate. It states your wishes regarding life-prolonging procedures and end-of-life care. Both belong in a complete estate plan, but they serve entirely different purposes and operate at different moments in your life.

  • Funding a trust means retitling your assets into the trust’s name so the trust actually owns them. A trust document without funded assets is a legal shell. At your death, anything not inside the trust or covered by a beneficiary designation still goes through probate. We walk clients through the funding process for their bank accounts, real estate, and investment accounts after the trust documents are signed.

  • Yes. Estate planning is about more than distributing large assets. It names who raises your minor children if something happens to you, designates who manages your finances if you are incapacitated, and ensures your medical wishes are followed if you cannot speak for yourself. A modest estate with unclear or missing documents can create as much family conflict and court expense as a large one.

  • Florida law does not require an attorney to draft a will, but the execution requirements are strict. A will missing a proper witness signature will not hold up in probate. A trust that was never funded passes nothing outside of court. Most estate planning mistakes only surface after the person has died, when nothing can be corrected. Having an attorney draft and review the documents costs far less than fixing the problems they were meant to prevent.

  • Florida’s intestate succession law determines who inherits, based on a fixed statutory formula. Your surviving spouse may inherit everything or share the estate with your children, depending on whether those children are also your spouse’s children. Without a spouse, assets go to children in equal shares, then to parents and siblings. The formula does not consider your actual relationships or intentions. A will is how you override that default.

  • Probate avoidance generally comes from a combination of a funded revocable living trust, joint ownership with right of survivorship, payable-on-death designations on bank accounts, and named beneficiaries on retirement accounts and life insurance. A trust that is never funded still sends assets through probate. The most reliable approach combines the right account structures with a coordinated estate plan reviewed by an attorney.

  •  Your personal representative administers the estate through probate court, pays debts, files the final tax return, and distributes assets. Florida law restricts who can serve. Non-relatives who are not Florida residents generally cannot act as personal representative unless they are licensed Florida attorneys.