Estate Planning for Retirees in Naples
For many, retiring in Naples offers the perfect combination of climate, community, and lifestyle. It also presents the right opportunity to revisit — or establish — a well-structured estate plan. Whether you’ve recently relocated or have lived in Florida for years, proper planning ensures your assets, intentions, and loved ones are protected. At Kelleher + Holland, LLC, our Naples office provides a full range of estate planning services backed by decades of experience and a deep understanding of Florida law. Our attorneys help clients navigate key considerations unique to retirement and relocation, delivering solutions with clarity and confidence.
Florida-Specific Estate Planning Considerations
Estate planning in Florida involves more than drafting a will. It requires understanding the legal tools available and how Florida statutes may differ from those in other states.
Florida Homestead Exemption
The Florida Constitution provides one of the most robust homestead protections in the country. This exemption serves two primary purposes:
- Creditor Protection: A qualifying primary residence is generally protected from most creditor claims under Florida law.
- Tax Benefits: Homeowners may qualify for a reduction in the assessed value of their home for property tax purposes, along with potential caps on annual assessment increases.
To take advantage of the exemption, the property must be your permanent residence, and certain requirements — including filing with the county property appraiser — must be met. For retirees new to Florida, it is essential to update residency status and confirm eligibility promptly after relocating.
Revocable Living Trusts
Revocable living trusts are a cornerstone of many estate plans in Florida, especially for individuals who want to avoid probate or manage assets across state lines. A trust allows you to:
- Transfer assets privately to beneficiaries without court involvement
- Appoint a successor trustee to manage your affairs in the event of incapacity
- Maintain flexibility during your lifetime, since the trust can be amended or revoked at any time
While Florida’s probate system is more streamlined than in some other states, it can still be time-consuming and public. Trusts are especially useful for individuals with property in multiple states or more complex family or financial situations.
Durable Powers of Attorney and Health Care Directives
These documents ensure that your financial and healthcare decisions are handled according to your wishes if you become unable to make them yourself. Florida has specific requirements that differ from other states:
- Durable Power of Attorney: Florida law requires the document to be immediately effective upon signing. It must be executed with proper formalities (two witnesses and a notary), and certain powers must be explicitly initialed by the principal to be valid.
- Advance Health Care Directive / Health Care Surrogate Designation: This document allows you to name someone to make medical decisions on your behalf. Florida permits immediate activation or activation upon incapacity, depending on how the document is drafted.
If you previously created these documents in another state, they should be reviewed and potentially updated to ensure they comply with Florida’s execution standards and legal framework.
Document Updates After Relocation
Many retirees bring existing estate plans with them when they move to Naples — but what worked in Illinois, New York, or Michigan may not align with Florida’s requirements. Some common issues include:
- Outdated witness or notary requirements
- Terminology or legal language that conflicts with Florida statutes
- Inapplicability of state-specific tax or property provisions
- Nomination of out-of-state fiduciaries without proper guidance
Even well-drafted plans can become outdated or ineffective when applied in a different jurisdiction. A comprehensive review ensures that your documents remain valid, enforceable, and tailored to your current circumstances in Florida.
Our Legal Approach to Estate Planning in Naples
Kelleher + Holland provides estate planning services in Naples, Florida that reflect the sophistication and attention to detail our clients expect. The local Naples legal office is supported by the firm’s broader team of attorneys, allowing us to deliver high-level counsel across estate, tax, business, and family-related matters.
Our Naples-based legal professionals offer local insight with national reach. We assist clients with:
- Estate and trust planning
- Probate and trust administration
- Charitable and philanthropic planning
- Business succession strategies
- Long-term care and elder law planning
- Multi-state estate coordination
Whether you are updating an existing plan or creating a new one, our attorneys take a thoughtful, comprehensive approach to each client’s unique goals.
Why Clients Choose Kelleher + Holland
- Local Legal Experience – Our attorneys understand Florida’s legal landscape and serve clients throughout Naples and Southwest Florida.
- Integrated Law Firm Services – Estate planning often overlaps with tax, corporate, and real estate needs. Our firm offers all of these services under one roof.
- Personalized Legal Counsel – We tailor every estate plan to the client’s family, finances, and long-term objectives.
Schedule a Consultation
Our Naples team is available to meet with you in person or virtually to review your current estate plan or begin building a new one. We invite you to contact us to discuss how we can support your planning needs with professionalism and care.