Elder Law Attorneys in Florida

Federal law (and Florida's implementation) imposes a 5-year lookback period for Medicaid long-term care eligibility. Any uncompensated transfers (gifts, transfers to family members, transfers to a non-Medicaid-qualified trust) within the 5 years before applying for Medicaid can trigger a penalty period during which Medicaid won't pay for nursing home care. This is the main reason Medicaid planning needs to start years before care is actually needed — and the main reason elder law attorneys exist as a distinct practice area.

Estate planning attorneys in Florida average $444 per hourClio Legal Trends Report 2025Verified Jan 1, 2025 for wills and estates work. Flat-fee packages run roughly $1,332–$2,664 for a simple individual will and $4,260–$6,390 for a basic revocable trust. Online and DIY services cost $30–$300 for the same documents — see the will cost calculator for a side-by-side comparison.

Florida doesn't have a traditional small-estate affidavit, but estates under $75,000 may qualify for Summary Administration, a faster and cheaper alternative to formal probate. Whether you need an attorney for the summary procedure depends on the situation; for full formal probate, most families retain counsel.

In Florida, the situations where retaining counsel is typically worth the cost are: blended families with children from prior relationships; ownership of a business, rental property, or significant investment assets; special-needs dependents who need a special-needs trust to preserve benefits; substantial property held in multiple states. If none of these describe your situation, the simpler online and DIY tools are often enough.