QUICK
ANSWERS
Does Florida have an
estate tax?
No. Florida does not have an estate tax.
What court handles
probate for Ponce Inlet residents?
Volusia County,
Probate Division.
Does Florida have an inheritance tax?
No. Florida does not have an inheritance tax.
Can you disinherit your spouse in Florida?
Not without an iron clad Pre-Nuptial or Post-Nuptial Agreement.
We help you design and implement:
Document:
What it Does:
Needed For/By:
Last Will & Testament
Directs distribution of probate assets, names personal representative and guardians for minor children
Every Florida resident with assets or minor children

Revocable Trust
Assets transferred to the Trust avoid probate. The Trust maintains privacy and manages assets during incapacity.
Estates with homestead property, real estate investments, LLCs, Closely Held Businesses, Blended Families, Multiple Beneficiaries, Beneficiaries with Spendthrift Issues.
Healthcare Surrogate Designation
Authorizes medical decisions during incapacity
Every adult
HIPAA Waiver
Grants medical information access to designated individuals
Every adult
Living Will
Documents end-of-life medical preferences
Every adult with special preferences
Powers of Attorney
Authorizes financial decisions
Adults who want a trusted family member or friend to manage their finances if they become incapacitated or are otherwise unable to act.
Business Succession Planing
Protects the value of your business by establishing a clear plan for ownership, management, and succession.
Adults who want to protect their 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
We listen. We care. We create plans that reflect your wishes and priorities.
Local & Accessible
Proudly serving Ponce Inlet and families throughout Volusia & Flagler counties.
Experience You
Trust
Over 25 years of experience in estate planning. tax, probate and business law.
Ongoing Support
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.
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
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 & revocable trusts.
Avoiding Probate in Florida
Learn strategies that may help your family save time, money and stress.
FREQUENTLY ASKED QUESTIONS
Do I need to live in Daytona Beach to meet with your team?
No. While our office is conveniently located in Daytona Beach, we proudly serve clients throughout Volusia and Flagler Counties and across Central Florida. Many of our estate planning clients come from Ormond Beach, Port Orange, New Smyrna Beach, Holly Hill, South Daytona, Ponce Inlet, Palm Coast, and Flagler Beach. We also work with seasonal residents, out-of-state property owners, and individuals who need Florida estate planning documents. Depending on your needs, consultations may be conducted in person or remotely.
Do I need to update my estate plan after moving to Ponce Inlet?
Yes—if you've recently moved to Ponce Inlet 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.
For Ponce Inlet residents who relocated from another state, establishing Florida domicile involves filing a Florida Declaration of Domicile with the Volusia County Clerk, getting a Florida driver's license, registering to vote in Florida, registering vehicles in Florida, moving primary banking to Florida-based institutions, and spending more than half the year in Florida.
I own a house in Ponce Inlet. Should it be in my trust?
Many Ponce Inlet residents own homes 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 Flagler Beach home into a trust is appropriate based on your individual circumstances.
Does Florida Homestead protect my Ponce Inlet home?
In many cases, yes. Florida's homestead laws provide some of the strongest homeowner protections in the country.
If your Ponce Inlet 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 Ponce Inlet. 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.
Serving Families Throughout Volusia & Flagler Counties
Kaney Law proudly assists clients with estate planning throughout Volusia & Flagler Counties: including, but not limited to:
-
Daytona Beach
-
Ormond Beach
-
New Smyrna Beach
-
Flagler Beach
-
Beverly Beach
-
Ponce Inlet
-
Palm Coast
-
Port Orange
-
Edgewater
-
Deland
-
Deltona
We are here to help!

Local Counsel.
Lifelong Impact.
Give us a call: (386) 281-5777






