Estate Planning Lawyer for
New Smyrna Beach, Florida

PROTECT WHAT MATTERS

MOST TO YOU

SCHEDULE A CONSULTATION

At Kaney Law, we help individuals and families throughout New Smyrna Beach and Volusia County create personalized estate plans that protect the people they love, preserve their assets, and provide peace of mind for generations to come.

We help you design and implement:

Wills

Create a legally valid Will that clearly expresses your wishes and protects your loved ones.

Trusts

Avoid unnecessary probate while maintaining flexibility and control during your lifetime.

Healthcare
Directives

Prepare Living Wills, Health Care Surrogates, and HIPAA Authorizations.

Powers of
Attorney

Choose someone you trust to manage financial matters if you're unable to do so.

Legacy & Business Succession Planing

Help safeguard your wealth from future risks while preserving your legacy, and protect your business and ensure a smooth transition for future generations

Personalized Estate Planning
for Your Peace of Mind

Every family is unique. That is why we take the time to understand your goals and create a customized plan that fits your life today and adapts to tomorrow.

✔ Personalized legal advice

✔ Flat-fee pricing for most estate plans

✔ Clear explanations without confusing legal jargon

✔ Over 25 years of legal experience

✔ Advanced LL.M. in Taxation

✔ Convenient Daytona Beach location serving clients

throughout Central Florida

Why Choose Kaney Law?

Compassionate Guidance

Local & Accessible

Experience You
Trust

Ongoing Support

We listen. We care. We create plans that reflect your wishes and priorities.

Proudly serving New Smyrna Beach and families throughout Volusia & Flagler counties.

Over 25 years of experience in estate planning. tax, probate and business law.

Once you are a client, you are part of our family. We will always be here to answer your questions and provide guidance as your life changes.

Helpful Estate Planning Resources

Estate Planning Basics

Learn the essential documents every adults should have in place.

Advanced Planning

Strategies

Discover advanced estate planning tools that go beyond wills and revocable trusts.

Avoiding Probate

in Florida

Read about strategies that may help your family save time, money and stress.

Estate Planning for Every Stage of Life

Whether you're just starting a family or preparing for retirement, your estate plan should grow with you.

We regularly assist clients with:

Young Families
Blended Families
Retirees
Business Owners
High Net Worth Planning
Special Needs Planning
Charitable Planning
Tax-Efficient Estate Planning

FREQUENTLY ASKED QUESTIONS

Do I need to update my estate plan after moving to New Smyrna Beach?

Yes—if you've recently moved to New Smyrna Beach or anywhere else in Florida, it's a good idea to have your estate plan reviewed by a Florida estate planning attorney.

While a Will or Trust created in another state is often still valid, Florida has unique laws that can affect how your documents work. For example, Florida has specific requirements for Durable Powers of Attorney, Health Care Surrogate Designations, and Living Wills. In addition, Florida's homestead laws provide valuable protections that may not exist in your previous state.

If you've recently become a Florida resident, now is the ideal time to review your estate plan to ensure it complies with Florida law and reflects your current wishes.

I own a condo on the beach. Should it be in my trust?

Many New Smyrna Beach residents own beachfront condominiums as their primary residence, vacation home, or investment property. In some situations, transferring the property into a Revocable Living Trust can help avoid probate and simplify the administration of your estate.

However, there are important considerations before making that decision. Mortgage requirements, homeowners' association rules, title insurance, tax consequences, and Florida homestead protections should all be reviewed before transferring real estate into a trust.

An attorney can help determine whether placing your condominium into a trust is appropriate based on your individual circumstances.

Does Florida Homestead protect my Ormond Beach home?

In many cases, yes. Florida's homestead laws provide some of the strongest homeowner protections in the country.

If your New Smyrna Beach home is your permanent Florida residence, homestead protection may:

Protect the property from many creditor claims.
Limit how the property can be devised upon your death.
Provide valuable property tax benefits.
Affect how the property passes to your surviving spouse or descendants.

Because Florida homestead law is complex, proper estate planning is essential to ensure your wishes are carried out while preserving these important protections.

Learn more on our Florida Homestead page.

Can my children avoid probate on my Volusia County home?

Possibly. Several estate planning strategies may help your home pass to your children without a formal probate administration.

Depending on your circumstances, options may include:

A Revocable Living Trust
Enhanced Life Estate ("Lady Bird") Deed
Certain joint ownership arrangements
Beneficiary designations for other assets

The best approach depends on factors such as whether the property is your homestead, your family situation, your overall estate plan, and your long-term goals.

Every family is different, so it's important to choose a strategy that fits your specific needs rather than relying on a one-size-fits-all solution.

I spend winters in New Smyrna Beach. Which state should my estate plan be based on?

If you divide your time between Florida and another state, your estate plan should generally be based on the state where you are legally domiciled.

Domicile is more than where you spend the most time—it is the state you consider your permanent home. Factors that may help establish domicile include:

Where you vote
Your Florida driver's license
Vehicle registration
Homestead exemption
Mailing address
Tax filings
Other evidence of your intent to make Florida your permanent residence

Many seasonal residents ("snowbirds") eventually establish Florida as their legal domicile to take advantage of Florida's favorable tax laws and homestead protections. Once that happens, it's wise to have your estate planning documents reviewed to ensure they coordinate with Florida law.