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StepUp Law

Which Estate Plan Do I Need?

A will, a living trust, or just a lady bird deed? Four questions point you to the right fit.

Then we confirm it (and the flat fee) at a free 30-minute consult, in Florida or out of state.

Updated June 10, 2026

A guide, not legal advice. The right plan depends on your full picture, which we map at the consult.

Let’s confirm the right plan for you.

A free 30-minute consult turns this into a clear recommendation and a flat fee, in Florida or out of state.

Book your free consult

Get the Florida Estate Plan Checklist (free PDF)

The one-page checklist for Florida households: every document you need, the Florida homestead and spousal rules that surprise people, and the two steps most plans forget.

We'll email the PDF and nothing else unless you ask. Downloading it does not create an attorney-client relationship; please don't send confidential details yet.

Frequently Asked Questions

Do I Need a Will or a Living Trust?

A will is simpler and cheaper, but your estate still passes through probate. A funded revocable living trust avoids probate, keeps things private, and manages your affairs if you lose capacity, which is why it fits larger or multi-state estates, blended families, minor or special-needs beneficiaries, and anyone who wants to skip probate entirely. Many Florida families with a modest estate and a single home do well with a will plus a lady bird deed. This quiz points you to the likely fit; we confirm it at a free consult.

When Is a Lady Bird Deed Enough on Its Own?

When your main goal is keeping your Florida home out of probate, your situation is otherwise simple, and the home is your biggest probate asset. A lady bird deed passes the home to your beneficiaries automatically at death, outside probate, while you keep full control during life. We usually pair it with a simple will and powers of attorney so the rest of your affairs are covered too. If you own property in more than one state or have a complex family, a trust is usually the better backbone.

What Makes a Plan "Complex" Enough to Need a Trust?

Common triggers: real estate in more than one state (a trust avoids a second probate), minor children (a trust manages their inheritance), a blended family (a trust protects children from a prior relationship), a special-needs beneficiary (a trust preserves benefits), a desire to avoid probate entirely, or a need to plan for incapacity without a court guardianship. Any one of these usually points to a trust-based plan.

How Much Does Each Plan Cost in Florida?

At our firm: a lady bird deed is a flat $399 (individual) plus recording; a will-based plan is $1,200 individual / $1,950 couple (will, durable power of attorney, and health-care directives); a trust-based plan is $3,200 / $4,500 (a funded revocable trust, pour-over will, powers of attorney, directives, and a deed for your home). Single documents start at $299. You see the flat fee before you commit; government recording costs are extra, at cost.

Explore the pieces

Wills · Revocable living trusts · Lady bird deeds · Deed selector · Estate planning checklist · Online vs. an attorney · Flat-fee pricing


Updated June 10, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information, not legal advice. Do not send confidential information until we have agreed to represent you.

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