Estate Planning Attorney in New Smyrna Beach

Plan Clearly, Protect Your Family, Move Forward

Thinking about what will happen to your home, savings, or family after you are gone can feel uncomfortable, but leaving those questions unanswered is usually harder on the people you care about. If you have ties to New Smyrna Beach and want a clear plan under Florida law, I am here to help you put that plan in place.

As an estate planning attorney who focuses on Florida estates and probate, I work with clients who want to protect spouses, children, and other loved ones, and with families who are suddenly responsible for handling a loved one’s estate. My goal is to give you straightforward guidance so you understand your options and can make decisions with confidence.

At Upchurch Law, I stay directly involved in every matter instead of handing your planning or probate concerns entirely to staff. You speak with the attorney who is shaping your strategy, and I work with you to tailor that strategy to your specific situation in this area.

Why Clients Trust Me With Estates

When you are choosing someone to guide you through estate planning or a Florida estate, you are placing a great deal of trust in that person’s judgment. My practice is focused on estate litigation and probate work in Florida, and that focus helps me see the practical issues that families often do not anticipate when they first sit down to talk about a plan.

I grew up in Daytona Beach, and I understand how estates here are affected by local property, family businesses, and retirement moves into places like New Smyrna Beach. Before starting this firm, I served as an Assistant State Attorney, which gave me many years of courtroom and investigation experience. I draw on that background when questions arise about a loved one’s capacity, a disputed will, or a contested trust.

My work has been recognized with an AV-Preeminent rating from Martindale-Hubbell, which is a peer reviewed acknowledgment of professional knowledge and ethical standards. I am also a member of the Million Dollar Advocates Forum, a national organization for attorneys involved in significant results. These credentials do not promise a particular outcome in your situation, but they do reflect the level of commitment and advocacy I bring to estate and probate matters.

I intentionally limit the number of clients I accept so I can remain available to answer questions, review documents carefully, and adjust strategies as your circumstances change. When you call, you are not added to a long list of files competing for attention. Instead, I work to understand your needs, explain the law in clear terms, and keep you informed as we move forward together.

Estate Planning For Florida Families

A thoughtful estate plan is more than a single document. It is a set of written decisions that work together under Florida law to guide what happens if you become incapacitated during your lifetime and after you pass away. For many clients with property or family in New Smyrna Beach, the starting point is understanding what tools are available and how each one can help.

At a minimum, most adults should consider who will make medical decisions if they cannot speak for themselves, who will manage finances if they are unable to do so, and how their property should pass when they die. Without clear instructions, Florida law supplies default rules that might not reflect your wishes or your family’s realities. Those default rules can lead to confusion, delay, and conflict among the people you hoped to protect.

When we work together, I begin by learning about your family structure, your assets, your concerns, and your long term goals. I then walk you through the planning options that fit your situation, rather than using a single template. For some, a will based plan is appropriate. Others may benefit from one or more trusts, especially if they have minor children, blended families, or property in multiple states.

Key documents many Florida residents consider include:

• Last will and testament to direct who receives property that passes through probate and who serves as personal representative.
• Revocable living trust to manage property during life and provide a smoother transition for beneficiaries after death.
• Durable power of attorney to authorize a trusted person to handle financial and legal matters if you cannot act yourself.
• Health care surrogate designation to name someone to make medical decisions when you are unable to communicate.
• Living will to express your wishes about end of life care so loved ones and physicians have clear guidance.

As an estate planning lawyer, I explain how each document functions in Florida, how they interact, and how they should be updated when your life changes. My role is to help you reduce uncertainty, protect the people you care about, and create a plan that your family can follow without guessing at your intent.

Guidance Through Florida Probate & Estates

For many families, the first time they hear about probate is after a loved one has died. Probate is the court supervised process that typically transfers assets owned solely in the decedent’s name and addresses claims, taxes, and final expenses. For estates connected to New Smyrna Beach, these cases are generally handled in the Probate Division of the Seventh Judicial Circuit in Volusia County.

If you have been named as personal representative in a will, or if a family member has died without a will, it is normal to feel unsure about what you are supposed to do next. There may be bank accounts, a homestead in this area, vehicles, or investment assets that need attention. You may also be hearing different opinions from relatives about how quickly everything should be handled and who is entitled to what.

When I assist with probate administration, I guide you through each stage in a way that fits the complexity of the estate. Some estates qualify for simplified procedures under Florida law, while others require a more detailed process. I help you understand which path is likely to apply, what the court will generally require, and what your responsibilities are as personal representative or interested party.

If you recently lost a loved one, helpful first steps can include:

• Locating any original will, trust, or beneficiary designations such as life insurance or retirement account forms.
• Gathering basic information about assets and debts, including property in New Smyrna Beach and elsewhere.
• Avoiding transfers or promises about estate property until you understand the legal framework and your authority.
• Requesting several certified copies of the death certificate for use with financial institutions and the court.
• Contacting an attorney who works with Florida probate to review options before deadlines are missed.

As an estate attorney, I strive to reduce the stress of this process by explaining what to expect, helping you meet court requirements, and working to keep communication clear among those involved. My aim is to protect your legal interests while respecting the fact that you are also coping with a personal loss.

Resolving Estate Disputes With Care

Even with planning in place, questions sometimes arise about a Florida estate. A beneficiary may believe a will does not reflect a loved one’s true intent, a sibling may question how a trustee is managing assets, or a second spouse and adult children may disagree about what was promised. These disputes are often deeply personal in addition to being legal matters.

My background as a former Assistant State Attorney gives me many years of experience gathering evidence, evaluating credibility, and presenting arguments in court. I apply those skills to estate litigation when capacity, undue influence, or fiduciary conduct is challenged. At the same time, I recognize that families usually prefer to resolve these issues in a way that limits further damage to relationships when that is possible.

Common disputes I see include challenges to a will or trust based on allegations that the person did not understand what they were signing or that someone exerted improper pressure. Others involve claims that a personal representative or trustee has not provided adequate information or has not followed the terms of the governing documents. In each situation, I review the facts carefully and explain realistic options for moving forward.

As an estate lawyer working with contested matters, I aim to balance firm advocacy with practical solutions. Some disputes can be addressed through negotiation or mediation. Others need court involvement for a clear decision. In either setting, my role is to protect your rights under Florida law while guiding you through a process that feels structured, not chaotic.

Next Steps & How To Reach Me

If you are ready to talk about your own estate plan or need guidance on a Florida estate involving property or family in New Smyrna Beach, the next step is a conversation. We can discuss your goals, the current status of any planning or probate, and concerns you may have about family dynamics, timing, or cost.

When you contact Upchurch Law, you can expect to work directly with me, not only with staff. I limit the number of matters I accept so I can review documents thoroughly, return your calls, and think carefully about the strategy that best fits your circumstances. My intention is to give you clear information so you can decide how you want to proceed.

If we decide to work together, I outline the steps involved in your estate planning or estate administration, explain what I will handle, and describe what I will need from you. You are not expected to know the legal terminology or procedures. My job is to translate Florida requirements into practical next actions that make sense.

To talk with an estate planning attorney about your situation, I invite you to call and schedule a time to speak.

Call (386) 272-7445 to discuss your estate planning or estate concerns with Upchurch Law.

Frequently Asked Questions

Do I really need an estate plan in Florida?

Most adults benefit from an estate plan because Florida’s default rules may not match their wishes. A plan can reduce court involvement, clarify who is in charge, and lessen conflict. I explain what matters most in your situation so you can decide what level of planning is appropriate.

Will I work directly with you on my estate?

Yes, when you hire my firm you work directly with me on your estate planning or estate matter. Staff may assist with coordination, but I remain involved in strategy, document review, and key decisions. I limit my caseload so I can give your situation the attention it deserves.

How long does Florida probate usually take?

Probate in Florida can range from a few months to longer than a year, depending on factors like estate size, creditor claims, and disputes. Estates related to Volusia County follow similar patterns. I review your specific facts, then explain a realistic timeframe and steps to help keep the process on track.

Can you help if my family is disagreeing?

I frequently assist when families are not in agreement about a will, trust, or estate administration. I review the documents and facts, explain legal options, and help you evaluate negotiation, mediation, or litigation. My goal is to protect your rights while seeking resolutions that are practical and legally sound.

What should I bring to our first meeting?

For planning, bringing any existing wills, trusts, or powers of attorney is helpful. For an estate, bring any documents you can locate plus a list of known assets and family members. If you are unsure what you have, we can still start with a conversation and identify what to gather next.