Estate Planning LAWYER IN ORLANDO, FLORIDA
Do I need a lawyer for a will?
People oftentimes try to draft their own wills without a lawyer. While this may seem cost effective, it can create even more problems for loved ones when you're gone. With the development of technology -- many find themselves searching for sample estate plan templates or free online-line options. While you may be seeking inexpensive way to draft your will, it is important to consider that having a lawyer write a will can prevent future expenses that may not only affect the distribution of your assets, but also cause significant financial strain for your family.
To avoid further stress during an already difficult time, consider having an estate planning package prepared for your Florida will -- and for the mental peace of your loved ones. Here, at The Law Offices of Carolina Nunez, P.A. -- our Orlando wills attorney, Carolina Nunez, Esq. is able to help guide you. The good news is that you don't have to worry about the tough question of, "how much will a lawyer cost?" because our law firm is transparent about our prices and we post them online.
FLORIDA LAST WILL AND TESTAMENT
A Florida Last Will and Testament outlines the testator’s (the person named on the will/future deceased) wishes after death. The goal of a Last Will and Testament is to carry out the wishes by assigning individuals, known as Personal Representatives, who is responsible for distributing assets accordingly.
Under Florida Statute § 732.501, any person of sound mind who is at least 18 years old may make a valid will. The will must also meet formalities under Florida Statute § 732.502, including being in writing, signed by the testator, and witnessed by two individuals.
In a Last Will and Testament, a Florida wills and trust attorney may be able assign certain responsibilities individuals of the testator’s choosing, create trusts, protect minors and their assets; provide specific funeral instructions, protect pets, specifically disinherit individuals, and more.
The state courts have upheld these provisions as enforceable when statutory formalities are met. In the Florida case In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971), the Florida Supreme Court emphasized the importance of observing statutory execution formalities to avoid undue influence and probate disputes.
Avoid Costly Mistakes by Hiring a Florida Estate Planning Attorney
The question should be, "how can I ensure my will is valid?" rather than "how to write a will without a lawyer?" We tested it out ourselves by searching Florida Last Will and Testament template using online services or AI tools -- while they look good, we found several issues in the legal language. Since these options may seem convenient or affordable, do-it-yourself wills often fail to comply with Florida’s strict legal requirements and can result in invalid or contested court proceedings. While AI is great for many uses, being able to train a model on the correct case law and statutes can take a very long time and a watchful legal eye for errors hidden within the text.
In fact, there have been recent court cases where even lawyers have faced sanctions after relying on AI-generated case law that didn’t exist, leading to misinformation and judicial penalties (Mata v. Avianca, Inc., No. 22-cv-1461 (S.D.N.Y. 2023)). Using AI to create critical legal documents like wills carries serious legal risk—especially when done without review by a licensed Florida wills attorney.
In Florida, a Last Will and Testament must comply with Florida Statute § 732.502, which requires that the will be in writing, signed by the testator, and witnessed by two individuals in the presence of each other. Failure to meet these formalities can render the the will invalid. Even if the document appears complete, it is the ambiguous or imprecise language—especially language generated by AI or copied from online sources—that can lead to expensive and emotionally draining legal disputes.
Under Florida Statute § 732.518, any interested party may contest the validity of a will. In the case of In re Estate of Barry, 689 So. 2d 1186 (Fla. 4th DCA 1997), the Florida court invalidated a will due to ambiguity and improper execution. This case—and many others like it—demonstrate how incorrectly drafted wills can collapse under scrutiny, leaving families to litigate the testator’s intent in a Florida court which can be very expensive for your family.
The Cost of Fixing a DIY Florida Will Is Greater Than Doing It Right
When a you decide write a will without a lawyer, surviving family members often face high costs of Florida probate attorneys that have to present and argue your loved one's position in a court:
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Your loved ones will likely incur thousands of dollars in attorney’s fees
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Florida probate litigation requires preliminary filings to comply with administration
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Probate litigation can lead to strained family relationships
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There will likely be delays or, in some cases, create blocked asset distribution
These situations often occur at the worst possible time—after the death of a loved one—when emotions are already high. Attempting to save a few hundred dollars upfront can cost your family thousands later.
AVERAGE COST OF A FLORIDA WILL WITH A LAWYER AT OUR OFFICE
BASED ON INHERITANCE VALUE AND COMPLEXITY
Last Will and Testament
Single Person / Couple
Estimated flat-rate cost for will preparation service with our Orlando and Daytona Beach attorney:
$500.00 - $1,000.00
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A Florida Last Will and Testament may devise personal property, designate a personal representative, and provide a court guidance as to how real property should be distributed.
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Probate avoidance is not required.
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Includes an in-person meeting with notary and attorney to sign the Florida Last Will and Testament according to Florida Statutes.
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Does not include other estate planning documents.
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To effectively transfer real estate property, such as your homestead, it is recommend to consider a Florida Lady Bird deed option.
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Cost is generally applicable to individuals and married couples that only hold one real estate property and wish to name specific individuals as beneficiaries.
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More complex cases may be billed on an hourly rate basis, subject to attorney determination.
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Basic Estate Planning Florida Package
Estimated Orlando and Daytona Beach attorney flat-rate cost for Florida Estate Planning service for Single Person and/or Couple:
$950.00 - $3,999.00
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Basic Florida Last Will and Testament
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No need to avoid probate
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No business assets
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Florida Durable Power of Attorney
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Florida Advance Health Care Directive
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Florida Healthcare Surrogate
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Extras:
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Fireproof Safe
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In-Office Notarization
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Phone Calls - 15 minutes per week during the case.
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Please note:
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Spin-off transfers increase the price of the package by $300-600.00.*
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Wills or trusts that include special needs trusts, child or expense trusts.
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Trusts will increase package fees by $500 to $1000, depending on the type of trust and complexity of the wording. *
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FLORIDA
POWER OF ATTORNEY
When you execute a Florida Power of Attorney, you are granting someone else the authority to act on your behalf, often with immediate control over financial assets and legal decisions. Florida Power of Attorney statutes regarding representatives named are codified Florida Statute § 709.2102(9), the representative you appoint is known as your “agent,” and they can be given broad or limited authority depending on how the document is written.
Florida Power of Attorney requirements must meet strict execution requirements under Florida Statute § 709.2105, including:
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The principal (you) must have mental capacity at the time of signing
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The document must be signed in the presence of two witnesses
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It must be notarized
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The language must comply with specific statutory powers to be enforceable
In Smith v. Smith, 64 So. 3d 169 (Fla. 4th DCA 2011), a court invalidated a Florida Power of Attorney where the principal lacked capacity at the time of signing, highlighting the importance of mental coherence and legal formality. A Power of Attorney is not a fallback tool for people already suffering from dementia, Alzheimer’s, or traumatic brain injury. In such cases, guardianship may be the more appropriate legal remedy.
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Understanding Different Types of Florida Power of Attorneys
It’s important to understand that Florida recognizes multiple types of Power of Attorney documents, each serving a distinct legal purpose. The most common are the general power of attorney and the limited power of attorney, both governed by Florida Statutes Chapter 709, specifically Florida Statute § 709.2201.
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A Florida durable power of attorney is typically used when someone wants to authorize broad authority over financial and legal matters, often in preparation for potential incapacity.
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However, Florida law no longer recognizes springing powers of attorney unless expressly permitted under Fla. Stat. § 709.2108, meaning most powers of attorney become effective immediately upon execution.
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In contrast, a limited power of attorney grants authority for a specific act or timeframe—commonly used for insurance matters, car accident representation, or real estate closings
During your estate planning process– it is a good idea to have both your Florida Power of Attorney and Florida Last Will and Testament prepared together. Here, at The Law Offices of Carolina Nunez, P.A. we ensure your documents are clear, enforceable, and fully compliant with Florida’s Power of Attorney statutes—so your wishes are protected now and in the future.
AVERAGE COST OF A FLORIDA POWER OF ATTORNEY WITH A LAWYER AT OUR LAW FIRM
BASED ON SCOPE AND COMPLEXITY
Power of Attorney
Estimated flat-rate cost for Florida Power of Attorney lawyer preparation service:
$400.00 - $700.00
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Includes an in-person meeting with notary and attorney to sign the Power of Attorney according to Florida Statutes.
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Does not include other estate planning documents.
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Highly recommended to consider a flat-rate estate planning package rather than individual documentation.
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Cost is generally applicable to individuals and married couples that only hold one real estate property and wish to name specific individuals as beneficiaries.
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More complex cases may be billed on an hourly rate basis, subject to attorney determination.
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Florida Power of Attorney in Estate Planning Package
Estimated Orlando and Daytona Beach attorney flat-rate cost for Florida Estate Planning service for Single Person and/or Couple:
$950.00 - $3,999.00
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Basic Last Will and Testament
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No need to avoid probate
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No business assets
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Durable Power of Attorney
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Advance Health Care Directive
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Healthcare Surrogate
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Extras:
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Fireproof Safe
-
In-Office Notarization
-
Phone Calls - 15 minutes per week during the case.
-
-
Please note:
-
Spin-off transfers increase the price of the package by $300-600.00.*
-
Wills or trusts that include special needs trusts, child or expense trusts.
-
Trusts will increase package fees by $500 to $1000, depending on the type of trust and complexity of the wording. *
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ADVANCED MEDICAL DIRECTIVE AND HEALTHCARE SURROGATE
When working with Florida estate planning Attorney Carolina Nunez, it is not just the after passing that one should be concerned about -- but also the near future.
This is where Advanced Medical Directives and Healthcare Surrogates play a major role. Healthcare Surrogates appoint an individual that one may trust to make medical decisions, discuss care with medical professionals, and access medical records. The Advanced Medical Directive states when to stop or continue medical intervention.
These documents make it clear to loved ones as to what your wishes are. When working with a Florida estate planning attorney, it is essential to consider not only plans for after passing but also the critical choices that may arise in the near future.
Understanding Florida Advance Healthcare Directives and Healthcare Surrogates
An Advanced Medical Directive in Florida is a legal document that outlines an individual’s medical treatment preferences in the event they become incapacitated and unable to communicate. It often addresses life-sustaining treatment, such as whether to continue or withdraw life support, and ensures that healthcare providers and family understand the individual’s wishes. These documents are governed by Florida Statutes Chapter 765.
There are two main types of Advance Healthcare Directives in Florida:
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Florida Living Will: A Florida Living Will is codified by Florida Statute § 765.302, allows an individual to specify in advance what types of life-prolonging procedures they want—or do not want—if they are terminally ill, in a persistent vegetative state, or otherwise unable to express informed consent. This document guides both medical professionals and loved ones in honoring the individual’s end-of-life choices.
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Do Not Resuscitate Order (DNRO): A DNRO is a medical order under Fla. Admin. Code R. 64J-2.018, signed by both the patient and a physician, directing emergency personnel not to perform CPR or resuscitation if cardiac or respiratory arrest occurs. It must be printed on yellow paper in Florida to be legally valid in emergency settings.
A Florida Healthcare Surrogate Designation can be compared (somewhat) to the concept of a medical power of attorney where someone makes healthcare decisions for you when you cannot. Healthcare Surrogates are codified in Florida. Stat. § 765.202, where it formally allows an individual to appoint someone they trust to make healthcare decisions on their behalf if they are incapacitated. The surrogate may access medical records, speak with physicians, and authorize or withhold treatment in accordance with the individual’s known wishes or best interests.
Florida law permits the designation of both a primary and alternate surrogate, which helps ensure continuity in medical decision-making even if the first choice becomes unavailable.
In In re Guardianship of Browning, 568 So. 2d 4 (Fla. 1990), the Florida Supreme Court affirmed the right of a mentally competent person to refuse life-sustaining treatment and recognized the legal enforceability of advance directives under Florida law.
The Importance of Florida Healthcare Surrogates and Advance Healthcare Directives
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Ensures Personal Wishes are Respected: Both documents make an individual’s healthcare preferences clear, leaving no ambiguity for family members or medical providers regarding critical medical decisions.
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Prevents Family Conflict: When healthcare preferences are explicitly stated, it reduces the potential for disputes among family members who may have differing views on medical interventions.
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Provides Peace of Mind: Knowing that a trusted person will make healthcare decisions if they become incapacitated, individuals can have peace of mind that their wishes will be respected.
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Expedites Medical Decision-Making: With a designated healthcare surrogate, medical decisions can be made quickly, potentially impacting outcomes during time-sensitive situations.
AVERAGE COST OF MEDICAL POWER OF ATTORNEY OR LIVING WILL WITH A LAWYER AT OUR FIRM
BASED ON INHERITANCE VALUE AND COMPLEXITY
Florida Advanced Medical Directive or Healthcare Surrogate
Single Person / Couple
Estimated flat-rate cost per document cost for a Florida Advanced Medical Directive / Healthcare Surrogate with the attorney:
$300.00 - $500.00
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Advanced Medical Directive/Healthcare Surrogate cost per document.
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Includes an in-person meeting with notary and attorney to sign the medical estate planning documents according to Florida Statutes.
-
Does not include other estate planning documents.
-
To effectively transfer real estate property, such as your homestead, it is recommend to consider a Florida Lady Bird deed option.
-
Cost is generally applicable to individuals and married couples that only wish to name specific individuals as beneficiaries.
-
More complex cases may be billed on an hourly rate basis, subject to attorney determination.
-
Basic Florida Estate Planning Package
Estimated Orlando and Daytona Beach attorney flat-rate cost for Florida Estate Planning service for Single Person and/or Couple:
$950.00 - $3,999.00
-
Basic Florida Last Will and Testament
-
No need to avoid probate
-
No business assets
-
-
Florida Durable Power of Attorney
-
Florida Advance Health Care Directive
-
Florida Healthcare Surrogate
-
Extras:
-
Fireproof Safe
-
In-Office Notarization
-
Phone Calls - 15 minutes per week during the case.
-
-
Please note:
-
Spin-off transfers increase the price of the package by $300-600.00.*
-
Wills or trusts that include special needs trusts, child or expense trusts.
-
Trusts will increase package fees by $500 to $1000, depending on the type of trust and complexity of the wording. *
-
FLORIDA WILLS ATTORNEY CONSULTATION
Our goal is to focus on the current clients we have, which hopefully means that you'll end up being represented by our office. Therefore, to maintain the best service and provide a personalized approach to our cases -- we limit the amount of cases we take and our time slots for appointments.
To accomplish this, we need to direct our attention to actual work and keep our new client intake as low as possible. To achieve this, we charge a consultation fee of $150.00 toward a consultation. If you hire us, the fee is credited to your case. The appointment is with the lawyer, Carolina Nunez, Esq. and not with a legal assistant. If you hire us, that rate applies to your service.
We reduce all of our rates for law enforcement, active duty military, retired military, nurses, firefighters, EMS/Paramedics.
My Commitment
As Your Florida Wills and Estate Planning Attorney
I'm Attorney Carolina Nunez, and at The Law Offices of Carolina Nunez, P.A., I proudly offer personalized and accessible legal representation individuals across Central Florida. As a first-generation American and attorney, I deeply understand the social challenges and cultural needs many Floridians face, enabling me to advocate passionately and effectively on your behalf.
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