Marco Island Attorneys and Legal Services
Life on Marco Island is unlike anywhere else in Florida. Waterfront estates, a deeply rooted seasonal community, and some of the highest real estate values in Collier County create a legal landscape that demands more than a generalist approach. Whether you are a year-round resident, a snowbird splitting time between Florida and another state, or an out-of-state property owner with roots on the island, your legal matters deserve attorneys who understand the full scope of what you have built.
At Kelleher + Holland, LLC, we serve Marco Island residents and property owners from our Naples office, just a short drive across the Jolley Bridge. We are a full-service law firm, which means you never have to coordinate between multiple attorneys at different firms for different problems. Estate planning, trust administration, business law, real estate closings, employment matters, family law, personal injury – we handle every dimension of your legal life, with one coordinated team that knows your goals.
Estate Planning Attorneys in Marco Island, FL
For most Marco Island clients, estate planning is not a one-time checkbox. It is a living strategy that evolves alongside a growing estate, a changing family, and shifting laws. High-value real estate, investment portfolios, multi-state asset ownership, and the unique considerations that come with seasonal residency all create planning challenges that go far beyond a basic will.
Florida’s 2025 trust law update – Senate Bill 262, effective June 2025 – expanded trustee powers, clarified decanting rules, and confirmed that transferring homestead property into a community property trust between spouses does not trigger a property tax reassessment. If your estate plan has not been reviewed since these changes took effect, now is the time.
Our Marco Island estate planning services include:
- Wills and pour-over wills
- Revocable and irrevocable living trusts
- Durable powers of attorney
- Health care surrogates and living wills
- Lady Bird deeds and beneficiary designations
- Special needs trusts
- Charitable planning and philanthropic structures
- Out-of-state plan reviews and Florida compliance updates
If your documents were drafted in Illinois, New York, Michigan, or any other state, we will review them for Florida compliance and update them to reflect your current situation and residency.
To learn more about our Estate Planning services, click here.
Trust Administration and Probate on Marco Island
When a loved one passes away, the legal process that follows can feel overwhelming – particularly when significant real estate, investment accounts, or out-of-state property is involved. We guide personal representatives, successor trustees, and beneficiaries through probate and trust administration with care and precision, minimizing delays while protecting the estate’s value at every step.
Marco Island estates frequently involve multiple layers of complexity: vacation properties held across several ownership structures, accounts spread across financial institutions, and family members living in different parts of the country. We have navigated exactly these situations, and we bring both the legal expertise and the personal attentiveness that families need during a difficult time.
When administration needs to move quickly, we move with it. When a dispute arises among beneficiaries or between co-trustees, we have the litigation experience to protect your interests.
Tax and Asset Protection Planning in Marco Island
Florida’s reputation as a tax-friendly state is well earned. But tax-friendly does not mean risk-free, and federal estate tax exposure, creditor risk, and multi-state income tax complications require thoughtful, proactive planning – especially at the asset levels common on Marco Island.
Strategic Trust Structures. We help clients use irrevocable trusts, dynasty trusts, spousal lifetime access trusts, and other advanced vehicles to reduce taxable estates while maintaining meaningful family access across generations.
Asset Protection from Creditors. For property owners, professionals, and business owners, we design layered protection strategies that separate personal assets from business liability and shield accumulated wealth from litigation exposure.
Multi-State Tax Coordination. Many of our clients divide their year between Florida and a northern state. We help ensure your domicile is properly established, your tax filings are coordinated across jurisdictions, and your estate plan reflects both states’ requirements without unnecessary duplication or exposure.
Proactive planning is always less expensive than reactive damage control. We help you get ahead of problems before they arrive.
Elder Law Serving Marco Island Residents
Planning for the years ahead – whether for yourself or for an aging parent – is one of the most consequential legal decisions a family can make. Long-term care costs in Florida continue to climb, and without a thoughtful legal plan in place, a lifetime of savings can be eroded faster than most families anticipate.
We assist Marco Island clients and their families with Medicaid planning, veterans’ benefits coordination, guardianship proceedings, and the creation of documents that protect a senior’s autonomy, dignity, and financial security. We also work alongside families navigating the transition from independent living to assisted care, ensuring that financial and legal affairs are organized and protected before a crisis demands it.
The most valuable elder law planning happens before it is urgently needed. We welcome those conversations early.
Real Estate Attorneys for Marco Island Buyers, Sellers and Investors
Real estate on Marco Island moves at a high pace and at significant values, with a median home value approaching $900,000 and waterfront properties regularly exceeding several million dollars. Every transaction at this level deserves an attorney who is paying close attention to the details.
We represent buyers, sellers, developers, and investors across residential and commercial transactions on Marco Island and throughout Collier County. Our real estate practice covers:
- Residential purchase and sale closings
- Title review and title insurance coordination
- Commercial real estate acquisitions and dispositions
- Lease negotiations for commercial tenants and landlords
- 1031 exchange coordination
- Condominium and HOA-related transactional matters
- Construction contracts and developer agreements
- Waterfront and island-specific ownership considerations
Whether you are purchasing an investment property, closing on a seasonal residence, or negotiating a commercial lease, we work alongside your agent and lender to make the process as smooth and well-protected as possible.
Business and Corporate Law for Marco Island Entrepreneurs
Marco Island has a vibrant business community, from boutique hospitality and marine services to professional practices, retail, and investment entities. Whatever stage your business is in, we provide the legal infrastructure to support it.
We assist with entity formation and structuring, operating agreements, partnership and shareholder disputes, buy-sell agreements, contract drafting and review, and business succession planning. For business owners who also hold significant personal wealth, we connect business legal strategy with estate and asset protection planning – because for most of our clients, those two areas are inseparable.
Your business is one of your most valuable assets. We help you protect and grow it with legal counsel that looks at the whole picture.
Why Marco Island Residents Choose Kelleher + Holland
Marco Island has no shortage of law firms offering estate planning or real estate closings. What distinguishes us is the full scope of what we do and the depth with which we do it – all under one roof, with one consistent team.
- Full-service firm: every practice area, one relationship, no referrals out for common matters
- Conveniently located: our Naples office is minutes from Marco Island, just across the Jolley Bridge
- Licensed in 17+ states: we serve clients with multi-state legal needs and out-of-state asset exposure
- Nationally available virtually: wherever you are in the country, we can meet with you
- Decades of combined experience across estate planning, litigation, real estate, business, and family law
- Client-first philosophy: we explain your options clearly, respect your decisions, and keep you informed
Schedule a Consultation with Our Marco Island Area Legal Team
From estate planning and trust administration to real estate closings, business law, and family matters, we are ready to help you navigate every dimension of your legal life. Our Naples office proudly serves Marco Island and all of Collier County.
Kelleher + Holland, LLC
1100 5th Ave S Ste 410
Naples, FL 34102
Phone: 239-510-9561
Map & Directions
Frequently Asked Questions
Q: Do I need a Florida estate plan if I already have one from another state?
A: Yes. If you have become a Florida resident or spend significant time here as a snowbird, your existing plan should be reviewed for Florida compliance. Florida has its own laws governing trusts, powers of attorney, health care surrogates, and homestead property, and documents drafted in another state may not function as intended here.
Q: What is the probate process like in Florida, and can it be avoided?
A: Florida probate can be time-consuming and costly, particularly for estates with significant or complex assets. Many Marco Island residents use revocable living trusts to avoid the process entirely, allowing assets to transfer to beneficiaries quickly and privately without court involvement.
Q: How does Florida’s 2025 trust law update affect my existing trust?
A: Florida’s 2025 trust law amendments (SB 262, effective June 2025) expand trustee powers, clarify decanting rules, and confirm that transferring homestead property into a community property trust between spouses does not trigger a property tax reassessment. If your trust was drafted before these changes, we recommend a review to ensure it takes full advantage of the updated framework.
Q: Does Florida have a state estate tax?
A: No. Florida does not impose a state estate tax, which is one of the primary reasons it attracts retirees and high-net-worth individuals from across the country. However, the federal estate tax still applies above current federal thresholds, and strategic planning can significantly reduce your federal taxable estate.
Q: What should I look for in a real estate attorney on Marco Island?
A: Look for an attorney familiar with Collier County’s real estate market, Jolley Bridge-area title considerations, HOA and condominium association rules, waterfront ownership regulations, and flood zone disclosures. We bring that knowledge and experience to every Marco Island transaction.
Q: Can Kelleher + Holland handle both my estate planning and my business law matters?
A: Absolutely. For business owners and entrepreneurs on Marco Island, coordinating your business legal strategy with your personal estate and asset protection plan is one of the most valuable services we provide. Our full-service model means the attorneys working on your business are in direct communication with those managing your estate plan – no silos, no gaps.
Q: What is asset protection planning, and why does it matter on Marco Island?
A: Asset protection planning uses legal structures such as trusts, limited liability companies, and family limited partnerships to shield personal wealth from creditors, lawsuits, and business liability. For high-net-worth individuals in a community like Marco Island – where significant real estate and investment assets are at stake – this type of planning is essential, not optional.
Q: How does the divorce process work in Florida for high-asset cases?
A: Florida is an equitable distribution state, meaning marital assets are divided fairly, though not necessarily equally. In high-asset divorces, this frequently involves formal valuation of real estate, business interests, retirement accounts, and trusts, as well as negotiation over alimony. We handle complex, high-asset divorce cases throughout Collier County with discretion, thoroughness, and strategic focus.
Q: Does K+H handle personal injury cases for Marco Island residents?
A: Yes. We represent Marco Island residents and visitors who have been injured in automobile accidents, boating accidents, slip and fall incidents, and other negligence-related events throughout Collier County. We handle personal injury cases on a contingency fee basis, so there are no upfront legal fees.
Q: Can you assist me if I live outside of Florida for part of the year?
A: Yes. We regularly work with snowbirds and seasonal residents who divide their time between Florida and another state. We are licensed in more than 17 states and offer virtual consultations and remote document handling, so geography is never a barrier to getting the legal guidance you need.