How Our Firm Begins Each Client’s Probate or Estate Planning Matter
Every family’s situation is different, so we start with a conversation rather than a form, and good communication with the client continues from there. We’ll ask who’s in your family, what you own and how it’s titled, and what you want to happen. That’s also when we flag the issues that trip up Florida plans: homestead restrictions on the family home, children from a prior marriage, a business with co-owners, or a beneficiary who shouldn’t receive a lump sum.
From there, we recommend a set of documents and quote a fee before any work begins. For many clients, the plan is a will, a durable power of attorney, a health care surrogate designation and a living will. Others need a revocable trust to avoid probate and keep their affairs private, or an irrevocable trust for a specific tax or family goal. We also discuss who should serve as trustee and personal representative, since the right choice isn’t always the oldest child.
Avoiding Probate: Can a Trust Help My Family?
Often, yes, at least for part of the estate. Assets held in a funded revocable trust, accounts with a payable-on-death or transfer-on-death designation, life insurance with a named beneficiary, and property owned jointly with survivorship rights all pass outside probate. Designating beneficiaries correctly is one of the simplest ways to protect your family from delay.
Some assets still end up in probate, so most plans include a will as a backstop. When probate can’t be avoided, Florida’s 2026 update to the summary administration threshold helps: estates worth $150,000 or less, excluding exempt property, now qualify for the shorter process, up from $75,000. Larger estates, estates with disputes, and estates with property in more than one state usually need formal administration, and we handle those as well.
End-of-Life Planning and Peace of Mind After a Serious Diagnosis
If you or someone you love has received a diagnosis of a serious or terminal illness, medical care comes first. Legal planning is still worth doing early, while you can make and sign each document yourself and appoint the people who will act for you. An end-of-life plan should include:
- A living will stating your wishes about life-prolonging treatment
- A health care surrogate designation naming who makes medical decisions for you
- A durable power of attorney for your finances, including any “superpowers” you want your agent to have, which Florida requires you to initial separately
- A review of your will, trusts and beneficiary designations so your wishes are current
These documents give your loved ones clarity and peace of mind at a hard time, and they can help keep decisions out of a courtroom. We can meet by phone or video, and we’ll work around medical appointments.
Estate Taxes and Larger Estates
Florida has no state estate tax, and the federal estate tax exemption is $15 million per person for 2026, so most families won’t owe estate tax. For larger estates and for business owners whose company is growing, tax planning, trust design and succession planning still matter, and we coordinate the estate plan with your operating or shareholder agreement.
Why Work With Legal Counsel, P.A.
Michele Diglio-Benkiran founded the firm and has practiced business and real estate law since 1999. She’s a member of The Florida Bar’s Real Property, Probate and Trust Law Section and the Orange County Bar Association. Richard Sierra is a commercial litigation and bankruptcy lawyer with more than three decades of experience, and he brings a litigator’s view when an estate faces a creditor dispute or a will contest.
Results matter. We offer a free consultation, pay later options are available for qualifying clients, and we explain legal fees in writing before any work begins.
Serving Orlando and Central Florida Families
Orange County probate cases are heard by the Ninth Judicial Circuit’s probate division at the Orange County Courthouse, 425 N. Orange Avenue in downtown Orlando. We serve families throughout Orange County and Central Florida from our Winter Garden, Orlando and Seminole offices, and anyone who needs a lawyer in Orlando can meet us at our Shader Road office in Orlando, FL, or by phone or video. Probate and estate planning are part of the broader work our Orlando attorneys handle, which includes the real estate law side of most estates.
