Estate Planning Attorneys serving Sarasota
Planning ahead is one of the most practical things you can do for the people you love. A well-built estate plan helps you stay in control during your lifetime, and it makes things easier for your family if something happens. It can also reduce confusion, prevent conflict, and limit unnecessary court involvement.
At McNary Law, we help individuals and families in Sarasota and across Sarasota County create estate plans that fit real life. Clear documents. Thoughtful options. No fluff. Many services can be handled remotely, so you can move forward without turning your schedule upside down.
Estate planning in Sarasota, what it usually includes
Estate planning is not just a will. Most people need a set of documents that work together based on their goals, family structure, and how their assets are titled.
Here are the core tools we discuss with Sarasota clients most often:
Wills
A will directs who inherits, names the person responsible for handling the estate, and can include other instructions that matter to your family. Florida’s probate statutes govern wills and estate administration.
Trusts
A trust can be used to control how and when assets are distributed and, in many situations, to reduce the need for court-supervised probate administration. The Florida Trust Code governs trusts and trust administration in Florida.
Powers of attorney
A power of attorney gives someone legal authority to act on your behalf for financial and legal matters during your lifetime. This is a core part of incapacity planning.
Advance directives
Advance directives address health care decision-making and your wishes regarding medical care. Florida law recognizes and regulates advance directives, including the role of a health care surrogate and related documents.
Probate planning
Even when probate is expected, good planning can reduce delays, costs, and confusion. Probate administration is governed by Florida’s probate code.
Digital assets planning
Email, cloud photo libraries, subscriptions, and online financial access can become a serious issue if no one has the authority to manage them. Florida has a statute addressing fiduciary access to digital assets.
Sarasota planning concerns we see all the time
Sarasota families come to estate planning with different priorities, but specific concerns come up again and again:
- Keeping things simple for the family later. Clear documents reduce uncertainty and lower the odds of disputes.
- Planning for incapacity. If you were unable to make decisions tomorrow, who could legally handle your finances and make medical decisions today?
- Blended families and second marriages. Default inheritance rules are not tailored to modern families, so planning matters.
- Protecting children and dependents. Many families want responsible decision-makers and guardrails around distributions.
- Privacy and efficiency. Some families want to reduce court involvement where possible and keep personal details more private, depending on assets and goals.
- Coordination across accounts. Beneficiary designations, jointly owned property, and trust funding decisions can change the outcome if they are not aligned with the plan.
Estate planning is not about chasing perfection. It is about making clear decisions now, so your family is not forced to guess later.
Wills vs. trusts, and why many plans use both
A will and a trust can both play important roles, but they serve different purposes.
When a will is the right fit
A will is often appropriate when your goals are straightforward, and you want clear instructions for what happens at death. A will can also name the personal representative who will manage the estate administration and, when applicable, nominate guardians for minor children.
When a trust may be a better fit
A trust can be helpful when you want more control over how assets are distributed, when you want a plan that accounts for beneficiaries who need structure, or when you want to reduce the time and administrative friction probate can create in many situations. Florida’s trust statutes govern trust administration and trustee duties.
The practical reality for many Sarasota families
Many plans use both, along with incapacity documents, because no single document covers everything well. A coordinated plan usually includes a will or trust strategy, plus powers of attorney and advance directives, so your plan works during your lifetime and after.
Incapacity planning is the part most people overlook
Most people think estate planning is only about death. A good plan also covers what happens if you are alive but cannot make decisions.
Two areas matter most:
Financial decision-making
A durable power of attorney can allow someone you trust to manage bills, banking, property transactions, and other legal and financial tasks if you cannot.
Health care decisions
Advance directives can appoint a health care surrogate and communicate your wishes about medical treatment. Florida’s health care advance directive statutes provide definitions and structure for these documents.
For many clients, this is the part of the plan that creates the most immediate peace of mind, because it reduces uncertainty during emergencies and avoids unnecessary conflict.
Digital assets, because your life is online now
Your estate plan should not ignore your digital life. Email accounts, photo libraries, cloud storage, subscriptions, and password-protected financial access can become serious problems if no one has the authority to manage them.
Florida’s Fiduciary Access to Digital Assets Act provides a framework for fiduciaries seeking access. Still, good planning starts with making sure your documents and instructions line up with what your family will actually need.
Our Sarasota estate planning process
We keep the process straightforward and client-friendly.
- Consultation and goals
We learn what matters to you, who you want to protect, and what concerns you wish to address. - Information gathering
We review what you own, how it is titled, and any existing planning documents. - Recommendations
We walk you through your options in plain language and recommend a plan that fits. - Drafting and review
You review drafts, ask questions, and we refine until it is right. - Signing and implementation
We execute documents properly and provide practical guidance on next steps, such as beneficiary updates or trust funding, when applicable.
Many services can be handled remotely depending on the documents and your situation.
Frequently Asked Questions
Do I need a will if I have a trust?
Sometimes, yes. Many trust-based plans still include a will for specific legal purposes and as a backstop for assets that were never transferred into the trust.
What happens if I die without a will in Florida?
Florida intestate succession rules determine who inherits. That outcome can be very different from what you would choose.
Can I handle estate planning remotely if I live in Sarasota?
Often, yes. Many steps can be completed remotely, depending on the documents and signing requirements.
What documents help if I become incapacitated?
Most people consider a power of attorney for financial matters and advance directives for health care decision-making.
Does probate always happen?
Not always. It depends on what you own, how assets are titled, and whether tools like trusts or beneficiary designations apply. Florida’s probate code governs probate administration.
Talk to a Sarasota estate planning attorney.
If you are ready to put your plan in place, we can help. Whether you need a will, a trust, powers of attorney, advance directives, or a coordinated strategy that ties it all together, McNary Law will walk you through it clearly and draft documents tailored to your goals.