Estate Planning with Wills and Trusts for families

Estate Planning in New Smyrna Beach

Flat-Fee Will-Based Estate Plans

Most Plans Ready in 7-10 Days

All Documents Signed & Notarized In-Office

Every estate planning document is signed and notarized right here in our New Smyrna Beach office — no need to find a separate notary. Attorney Nelson also handles family law matters including post-nuptial agreements, prenuptial agreements, and marital settlement agreements. Clients who need both estate planning and family law documents work with one attorney through the entire process.

Estate planning isn't just for the wealthy or elderly. If you own a home, have minor children, or care about who makes decisions if you become incapacitated, you need an estate plan. At the Law Office of John R. Nelson, P.A., I provide straightforward, affordable estate planning with transparent flat-fee pricing and fast turnaround.

Most clients leave with a will-based estate plan that includes the essential documents to protect their families and assets. My estate plans are typically drafted and ready to sign within 7-10 days of your planning meeting.

Clear, Flat-Fee Pricing

No surprises, no hourly billing-just one predictable fee (government recording fees for deeds, if any, are additional):

  • Will-Based Estate Plan - Single Person: $1,150
  • Will-Based Estate Plan - Couple (Married or Unmarried): $1,600
  • Add Life Estate (Ladybird) Deed to Estate Plan: $350 per deed
  • Life Estate (Ladybird) Deed Without Estate Plan: $650

What's Included in Your Estate Plan?

For most clients, a complete will-based estate plan includes:

  • Last Will and Testament: Specifies how your assets are distributed, names guardians for minor children, and designates your personal representative (executor).
  • Durable Power of Attorney: Allows someone you trust to handle financial and legal matters if you become unable to do so.
  • Healthcare Surrogate Designation: Appoints someone to make medical decisions on your behalf if you're incapacitated.
  • Living Will: States your wishes regarding life-prolonging procedures in terminal or end-stage conditions.

If you own real estate, we can also prepare and record Life Estate (Ladybird) Deeds for an additional $350 per deed when added to an estate plan, or $650 as a standalone service (government recording fees are additional). These allow you to transfer property to your beneficiaries outside of probate while retaining full control during your lifetime (subject to Florida homestead rules if you are married or have a minor child).

Who Needs Estate Planning?

You should consider an estate plan if you:

  • Own a home or other real estate
  • Have minor children who would need a guardian if something happened to you
  • Want to avoid your family going through a lengthy probate process
  • Want to ensure someone you trust makes financial and medical decisions if you're unable to
  • Care about how your assets are distributed after your death
  • Want peace of mind that your affairs are in order

Estate planning is especially important for:

  • Parents of minor children: Name guardians and provide for your children's care and support.
  • Homeowners: Protect your most valuable asset and simplify transfer to your heirs.
  • Business owners: Plan for business succession and protect your business interests.
  • Anyone who wants to avoid family conflict: Clear, legally binding documents can help reduce disputes among loved ones.

Pricing

  • Single Person
    Complete will-based estate plan
    $1,150
  • Couple
    Complete estate plan for two
    $1,600
  • Life Estate (Ladybird) Deed
    Add to estate plan
    $350 each
  • Standalone Deed
    Without estate plan
    $650
    Government recording fees, if any, are additional.
Fast Turnaround: Most plans drafted and ready to sign in 7-10 days
Schedule Your Planning Meeting

Common Estate Planning Questions

Do I need a trust, or is a will enough?

For most people in Florida, a well-drafted will combined with Life Estate (Ladybird) Deeds for real estate and up-to-date beneficiary designations can accomplish many of the same goals as a trust at a fraction of the cost; assets without a designation would still pass through probate. Trusts can be useful in specific situations-such as minor children with significant assets, special needs planning, or complex family situations-but they're not necessary for everyone.

I'll help you understand your options and recommend the approach that makes sense for your situation and budget.

What happens if I die without a will?

If you die "intestate" (without a will), Florida law determines how your assets are distributed-and it may not align with your wishes. For example, if you're married with children from a previous relationship, your spouse and children may both inherit, which can lead to conflict. Without a will, you also can't choose who administers your estate, and if no parent survives to care for your minor children, the court will not know whom you want as their guardian unless you signed a separate preneed guardian designation. The court still makes the appointment, but it gives strong weight to the person you designated.

Can I update my estate plan later?

Absolutely. Life changes-marriages, divorces, births, deaths, new assets-and your estate plan should change with it. I recommend reviewing your plan every 3-5 years or after major life events. Updates are straightforward and affordable.

What is a healthcare surrogate, and why do I need one?

A healthcare surrogate designation allows you to name someone to make medical decisions for you if you're unable to communicate. Without one, family members may disagree about your care, and medical providers may be unable to act quickly. It's one of the most important documents in your estate plan.

What is a durable power of attorney?

A durable power of attorney lets you name someone to handle your financial and legal affairs if you become incapacitated. This person can pay bills, manage accounts, sell property, and take other actions on your behalf. Without one, your family may need to go to court to obtain guardianship, which is expensive and time-consuming.

What is a Life Estate (Ladybird) Deed?

A Life Estate (Ladybird) Deed allows you to transfer your home or other real estate to your beneficiaries while retaining full control during your lifetime. You can sell the property, mortgage it, or change your mind-all without the beneficiaries' consent. When you pass away, the property transfers automatically to your beneficiaries outside of probate. If you are married and the home is your homestead, your spouse must also sign the deed, and if you die survived by a spouse or minor child, Florida's homestead rules can override it.

How long does the estate planning process take?

After your initial planning meeting, most estate plans are drafted and ready for review within 7-10 days. Once you review and approve the documents, we schedule a signing appointment. The entire process typically takes 2-3 weeks from start to finish.

Do I need to come to your office, or can we do this remotely?

Florida allows some estate planning documents to be signed with remote witnesses, but I sign estate plans in person at my New Smyrna Beach office so every formality is met. The planning meeting and signing both take place there, and we arrange the notary and witnesses so your documents are properly executed.

Can I combine estate planning with a post-nuptial agreement in one appointment?

Yes. Attorney Nelson handles both estate planning and family law matters. If you need a post-nuptial agreement, prenuptial agreement, or marital settlement agreement alongside your estate plan, those can be coordinated through the same attorney. Documents are prepared efficiently and executed at a signing appointment in the New Smyrna Beach office, with notarization available in-office.

Is notarization included with my estate planning documents?

Yes. All estate planning documents - wills, powers of attorney, healthcare surrogate designations, and living wills - are signed and notarized in our New Smyrna Beach office during your signing appointment. There is no need to find a separate notary or make an additional trip.

I moved to Florida - do I need a new estate plan?

Florida will generally honor a validly executed out-of-state will, but Florida has unique rules that your existing documents may not address: homestead law restrictions on who can inherit your primary residence, Life Estate (Ladybird) Deed options that can keep real estate out of probate, and Florida's specific Durable Power of Attorney execution requirements. A review - typically one appointment - is the right step. The consultation is $50 for 20 minutes, always credited toward your flat fee.

Why Choose the Law Office of John R. Nelson for Estate Planning?

  • Transparent Flat Fees: You know the cost upfront-no surprise hourly bills.
  • Fast Turnaround: Most plans ready in 7-10 days.
  • Direct Attorney Access: You work with me personally, not paralegals or assistants.
  • Practical Advice: I help you understand your options and choose the right approach for your family and budget.
  • Serving New Smyrna Beach and Volusia County: Local attorney who understands the community and Florida estate planning law.

Estate Planning Resources

Learn more about estate planning and probate in Florida:

Moving to Florida? Your Out-of-State Estate Plan Needs a Review

Florida has unique estate planning rules that out-of-state documents may not address. Florida will generally honor a validly executed out-of-state will, but there are three Florida-specific issues worth checking:

Florida homestead law restricts who can inherit your primary residence - rules that differ significantly from most other states and that your existing will may not account for.

Life Estate (Ladybird) Deeds are available in Florida and only a handful of other states, and let you transfer real property to your beneficiaries outside of probate while you retain full control during your lifetime (subject to Florida homestead rules if you are married or have a minor child). If you own Florida property and your plan doesn't use one, you may be creating a probate burden your family didn't expect.

Durable Power of Attorney - Florida has specific execution requirements. An out-of-state DPOA may not be accepted by Florida financial institutions.

A Florida estate plan review is typically a focused, one-appointment process - not a start-from-scratch rebuild. Schedule a consultation ($50 for 20 minutes, always credited toward your flat fee) and find out exactly what, if anything, needs to change.

Ready to Get Started?

Estate planning gives you and your family peace of mind. Let's get your plan in place quickly and affordably.

Schedule Your Estate Planning Consultation