St. Petersburg Estate Planning Lawyer

Estate Planning Tailored to You

The St. Petersburg estate planning team at Drude Tomori Law takes the time to sit down with you and learn your needs, goals and desires for the future, including during your lifetime as well as after you are gone. Together, we’ll draft the right set of wills, trusts and advance directives to accomplish all your estate planning objectives.

Whether you are a young professional creating your first will, a business owner structuring a succession plan, a parent of a child with special needs, or a retiree looking to preserve wealth and plan for long-term care, Rachel brings the experience and insight needed to design a plan that works for your specific situation. Every estate plan we create at Drude Tomori Law reflects the unique circumstances and priorities of the client it serves.

Comprehensive Estate Planning Services in St. Petersburg

At Drude Tomori Law, we offer a full range of estate planning legal services designed to protect you and your family at every stage of life. Our St. Petersburg estate planning team handles matters including:

Wills and Trusts – A properly drafted will or trust is the foundation of any estate plan. We help clients understand the differences between revocable living trusts, irrevocable trusts, testamentary trusts, and other trust structures to determine which approach best fits their goals. Whether you need a pour-over will to work in conjunction with a trust or a standalone will to direct the distribution of your assets, our attorneys ensure every document is carefully prepared to reflect your wishes.

Advance Directives and Powers of Attorney – Planning for incapacity is just as important as planning for what happens after you are gone. Our firm prepares advance directives, healthcare surrogate designations, living wills, and durable powers of attorney so that your medical and financial decisions are handled by someone you trust if you become unable to make those decisions yourself.

Trust Planning for Special Circumstances – Certain situations call for specialized trust structures. We regularly establish supplemental needs trusts for families providing for a loved one with disabilities, charitable remainder trusts for clients who want to support philanthropic causes while receiving tax benefits, pet trusts to ensure the continued care of beloved animals, and dynasty trusts for multi-generational wealth preservation.

Advanced Tax and Wealth Preservation Strategies – For clients with significant estates, we implement strategies to minimize estate and gift tax exposure through estate tax planning, irrevocable life insurance trusts, intentionally defective grantor trusts, and other vehicles designed to keep more of your wealth in your family.

Trustee for Deferred Sales Trusts™ (DST)

A Deferred Sales Trust is an effective alternative to a 1031 Exchange to help owners of appreciated assets reduce capital gains tax liability or to enable them to sell their property in a down market. The DST can also be more simply described as a no-risk “seller carry-back” financing structure. Rachel Drude-Tomori is well-versed in crafting DSTs and serving as the trustee to effectuate the goals of the sale. Whether you own commercial real estate, a business, or other highly appreciated assets, a DST provides a flexible and powerful exit strategy that traditional exchange options cannot match.

Probate

Probate is the process required to give effect to a will and close out a person’s estate. It can be supervised by the court or unsupervised, which impacts the level of freedom the estate’s personal representative will have in carrying out the terms of the will and performing the myriad tasks associated with estate administration. We are here to help you through the process with practical advice and technical assistance as needed.

Florida offers several types of probate proceedings depending on the size and complexity of the estate. Formal administration is required for larger estates, while summary administration may be available for smaller estates that meet certain criteria. Our attorneys guide personal representatives through every step, from filing the initial petition with the Pinellas County Probate Court to distributing assets and closing the estate.

We also stand ready to represent parties in will contests and probate litigation that arise, as well as disputes involving trust litigation and trust administration matters.

Guardianships & Conservatorships

Through careful planning, we craft all the necessary legal documents that ensure an individual who lacks capacity is properly cared for, without the need of going to court for guardianship or conservatorship. When those legal steps are in the individual’s best interest, we provide advice and representation to help ensure the guardianship or conservatorship is properly tailored to meet the individual’s needs without limiting their independence any more than is necessary.

Asset Protection

At Drude Tomori Law, we know the best strategies to help you protect the wealth you’ve accumulated from the vagaries of life, including protecting your estate from attack by creditors, lawsuits, divorces, Medicaid reimbursement, and more. Our asset protection services include the use of LLCs for estate planning, irrevocable trusts, Florida homestead exemption planning, and other legally sound strategies to shield your assets while maintaining the control and flexibility you need.

Elder Law

As part of our comprehensive planning, our elder law team will help you plan for the eventuality of needing long-term care, making sure you can afford it if needed without depleting your life savings during your final years. With proper planning, you can get the care you need while still leaving your spouse with support and a legacy for future generations. Our elder law services include Medicaid planning, long-term care planning, and strategies to protect assets while preserving access to government benefits.

Real Estate and Property Transfer

Transferring real property is a critical component of many estate plans. Our real estate lawyers help clients structure property transfers through Lady Bird deeds, joint tenancy with rights of survivorship, and trust-based transfers to avoid probate and ensure a smooth transition of real property to your intended beneficiaries.

Why Choose Drude Tomori Law for Estate Planning in St. Petersburg

Choosing the right estate planning attorney is one of the most important decisions you will make for yourself and your family. At Drude Tomori Law, clients benefit from Rachel Drude-Tomori’s 15-plus years of focused estate planning experience, her recognition by Super Lawyers as one of the top 5% of estate planning attorneys in Florida, and her deep roots in the St. Petersburg legal community. Rachel has served in leadership roles with the St. Petersburg Bar Association, including chairing the Probate & Guardianship Section, and currently serves on the Board of Trustees for HCA Florida St. Petersburg Hospital.

What sets our firm apart is our commitment to building lasting relationships with our clients. Estate planning is not a one-time event. Life changes, tax laws change, and your estate plan should evolve with you. We are here for you throughout your lifetime, providing updates, revisions, and ongoing counsel as your needs change.

Serving St. Petersburg and Communities Throughout Florida

From our office in St. Petersburg, Drude Tomori Law serves clients throughout the Greater Tampa Bay Area and across the state of Florida. We also serve clients in Bradenton, Lakewood Ranch, Sarasota, Tampa, and Miami. Wherever you are in Florida, our team is ready to help you create a comprehensive estate plan that protects your assets, provides for your loved ones, and gives you peace of mind.

Frequently Asked Questions About Estate Planning in St. Petersburg

What is the difference between a will and a trust in Florida?

A will is a legal document that directs how your assets should be distributed after your death, but it must go through probate court before your wishes can be carried out. A trust, on the other hand, allows you to transfer ownership of assets to a trustee who manages and distributes them according to your instructions, often without the need for probate. Many St. Petersburg residents use a revocable living trust as the centerpiece of their estate plan because it avoids probate, provides privacy, and allows for seamless management of assets if the trust creator becomes incapacitated. Your estate planning attorney can help you determine whether a will, a trust, or a combination of both is the right approach for your situation.

Do I need an estate plan if I don’t have a large estate?

Estate planning is important regardless of the size of your estate. Without a plan, Florida’s intestacy laws will determine who inherits your assets, which may not reflect your actual wishes. Beyond asset distribution, an estate plan includes critical documents like a durable power of attorney, a healthcare surrogate designation, and a living will that ensure your medical and financial affairs are handled by someone you trust if you become incapacitated. Even a modest estate plan provides significant protection and peace of mind for you and your family.

What happens if I die without an estate plan in Florida?

If you pass away without a will or trust in Florida, your estate will be distributed according to the state’s intestacy laws. This means the court decides who receives your assets based on a predetermined formula that prioritizes your spouse and children, followed by more distant relatives. If no relatives can be found, your estate could ultimately pass to the State of Florida. The probate process for intestate estates can be longer, more expensive, and more stressful for your loved ones than it would be with a proper estate plan in place.

How does a Lady Bird deed work in Florida?

A Lady Bird deed, also known as an enhanced life estate deed, allows you to retain full control of your property during your lifetime, including the right to sell, mortgage, or otherwise dispose of the property, while naming beneficiaries who will automatically inherit the property upon your death without going through probate. Lady Bird deeds are particularly popular in Florida because they preserve the homestead property tax exemption and do not trigger Medicaid estate recovery, making them an effective tool for both probate avoidance and asset protection.

What is the role of a personal representative in Florida probate?

A personal representative, known in some states as an executor, is the person appointed by the court to manage the administration of a decedent’s estate. Their duties include identifying and inventorying estate assets, notifying creditors, paying valid debts and taxes, and distributing the remaining assets to beneficiaries according to the will or Florida law. Florida law requires that a personal representative be represented by an attorney during formal administration. Choosing the right personal representative and having a knowledgeable probate attorney guiding the process can make a significant difference in how smoothly and efficiently the estate is settled.

How can I protect my assets from creditors and lawsuits in Florida?

Florida offers several legal mechanisms for asset protection. The state’s generous homestead exemption protects your primary residence from most creditors. Beyond homestead, strategies such as irrevocable trusts, LLCs, tenancy by the entireties for married couples, and proper titling of assets can provide significant protection. The key is implementing these strategies before a claim arises, as transfers made to avoid known creditors can be challenged as fraudulent. An experienced estate planning attorney can help you develop a comprehensive asset protection plan tailored to your specific risks and goals.

What is a supplemental needs trust, and who needs one?

A supplemental needs trust, also called a special needs trust, is designed to provide financial support for a person with disabilities without jeopardizing their eligibility for government benefits like Medicaid or Supplemental Security Income (SSI). The trust pays for supplemental needs not covered by government programs, such as recreation, personal care items, travel, and other quality-of-life expenses. Families of individuals with disabilities, as well as individuals who receive a personal injury settlement or inheritance, often benefit from establishing this type of trust.

How often should I update my estate plan?

We recommend reviewing your estate plan at least every three to five years, and whenever a major life event occurs, such as a marriage, divorce, birth of a child or grandchild, death of a beneficiary or named fiduciary, significant change in your financial situation, a move to a new state, or changes in tax law. It is also important to review your beneficiary designations on retirement accounts and life insurance policies regularly, as these designations override what your will or trust says about those specific assets.

What is a Deferred Sales Trust, and how is it different from a 1031 Exchange?

A Deferred Sales Trust allows owners of highly appreciated assets to sell their property and defer capital gains taxes over time by selling the asset to a trust in exchange for an installment note. Unlike a 1031 Exchange, which requires you to reinvest in like-kind property within strict time limits, a DST gives you the freedom to diversify your investments, take income from the note, or simply hold liquid assets without the pressure of identifying replacement property. Rachel Drude-Tomori serves as trustee for DSTs, providing clients with a knowledgeable and experienced partner to manage the trust and facilitate the goals of the transaction.

What is the difference between formal administration and summary administration in Florida?

Formal administration is the standard Florida probate process used for most estates. It involves appointing a personal representative, notifying creditors, resolving claims, and distributing assets under court supervision. Summary administration is a shorter, simplified process available when the total value of the estate’s probate assets does not exceed $75,000 or when the decedent has been dead for more than two years. Summary administration does not require appointment of a personal representative and can often be completed more quickly and at lower cost. Your probate attorney can evaluate which process is appropriate for your situation and guide you through the necessary steps.

Contact a St. Petersburg Estate Planning Attorney at Drude Tomori Law Today

If you’ve been putting off the prospect of estate planning, or if changes have occurred that render your current plan outdated, don’t delay in reaching out to Drude Tomori Law for help. From our office in St. Petersburg, we assist clients throughout the Greater Tampa Bay Area, as well as Lakewood Ranch, Sarasota, Miami, and Florida statewide. Experience the relief that comes with knowing your needs are being taken care of. A skilled St. Petersburg estate planning attorney at Drude Tomori Law is with you throughout your lifetime as life changes with caring, concern, and quality legal advice and representation. Call 727-300-8900 or contact us online to schedule a consultation today.