# Gierach and Gierach, P.A. > https://www.gierachlaw.com > Last Updated: 2026-06-19 Estate planning is something every individual and every family should engage in – sooner rather than later – to protect the people they love and ensure they are adequately cared for no matter what life may bring. Orlando estate planning & probate lawyer John Gierach has 43 years of experience helping people get the estate plan that is right for them. At Gierach and Gierach, P.A., you will find a dedicated team of skilled, experienced and knowledgeable lawyers and staff who truly love what they do, which is meeting new people and making sure they are protected financially with the right set of legal documents and financial instruments. We take the time to get to know you, so we can advise you, assist you and serve you best. Call our office for a free consultation, and experience for yourself the personal touch our office brings to your Florida estate planning and probate needs. ## Contact - Phone: +1-407-598-8013 - Address: 1201 S. Orlando Avenue Suite 460, Winter Park, FL 32789 ## Locations - Winter Park, FL - +1-407-598-8013 Areas served: Orlando ## Practice Areas - Estate Planning - Advance Directive - Asset Protection Planning - Gift & Estate Tax Planning - Guardianships - Healthcare Proxy - Living Wills - Power of Attorney - Testamentary Trusts - Wills - Will & Trust Requirements ## Attorneys - John R. Gierach: https://www.gierachlaw.com/john-r-gierach/ With roots stretching back more than 60 years, the law firm of Gierach and Gierach was founded in 1986 by Elroy and John Gierach. - Elroy J. Gierach: https://www.gierachlaw.com/elroy-j-gierach/ Attorney Elroy J. Gierach's primary areas of legal expertise were in Wills, Estate Planning and Probate in addition to Real Estate and Workers’ Compensation. ## Key Pages - Homepage: https://www.gierachlaw.com/ - Blog: https://www.gierachlaw.com/blog/ - Contact: https://www.gierachlaw.com/contact-us/ ## Social Profiles - https://www.facebook.com/Gierach-and-Gierach-PA-406757936089800/ - https://twitter.com/gierachlaw - https://www.linkedin.com/company/gierach-and-gierach-p-a-/ ## Reviews - Rating: 5/5 based on 132 reviews ## Practice Area Details ### Orlando Estate Planning & Probate Lawyer https://www.gierachlaw.com/ Orlando estate planning & probate lawyers Gierach and Gierach handle wills, living wills, testamentary trusts & Florida workers’ compensation defense. ### Orlando Advance Directive Lawyer https://www.gierachlaw.com/orlando-estate-planning-lawyer/advance-directives/ A healthcare advance directive is a written or oral statement indicating medical decisions you want made should you not be able to make them yourself. ### Orlando Asset Protection Planning Lawyer https://www.gierachlaw.com/orlando-estate-planning-lawyer/asset-protection-planning/ Orlando estate planning lawyers Gierach and Gierach engage in asset protection planning with trusts & annuities for Medicaid & long-term care planning. ### Orlando Gift & Estate Tax Planning Lawyer https://www.gierachlaw.com/orlando-estate-planning-lawyer/gift-estate-tax-planning/ Orlando estate planning lawyers Gierach and Gierach help people in Florida avoid the gift & estate tax with credit shelter trusts, AB trusts & family trusts. ### Orlando Healthcare Proxy Lawyer https://www.gierachlaw.com/orlando-estate-planning-lawyer/healthcare-proxy/ A healthcare proxy designates a surrogate who makes healthcare decisions for the person. For help, contact the Orlando lawyers at Gierach and Gierach, P.A. ### Orlando Living Wills Lawyer https://www.gierachlaw.com/orlando-estate-planning-lawyer/living-will/ Call the Orlando living wills lawyers at Gierach and Gierach, P.A. to create a living will that meets your desires in the event of an illness. ### Orlando Estate Planning Lawyer https://www.gierachlaw.com/orlando-estate-planning-lawyer/ At Gierach and Gierach, P.A. our Orlando estate planning lawyers can evaluate your assets and wealth and determine the optimal estate plan for you. ### Orlando Power of Attorney https://www.gierachlaw.com/orlando-estate-planning-lawyer/power-of-attorney/ Powers of attorney empowers a party to make decisions on the part of another. For a free initial consultation, call Gierach and Gierach, P.A. in Orlando. ### Orlando Testamentary Trust Lawyer https://www.gierachlaw.com/orlando-estate-planning-lawyer/testamentary-trusts/ A testamentary trust is created by a last will and testament, taking effect after death. Protect your family assets and call Gierach and Gierach, P.A. ### Orlando Wills Lawyer https://www.gierachlaw.com/orlando-estate-planning-lawyer/wills/ At Gierach and Gierach, P.A., our Orlando wills lawyers can craft a valid will for you to ensure that your desires are met. ### Florida Estate Planning & Probate Video FAQs https://www.gierachlaw.com/video-faqs/ View our Estate Planning & Probate Video FAQs, contact Gierach and Gierach, P.A. anytime. ### Florida Estate Planning, Will & Probate Videos https://www.gierachlaw.com/vlogs/ View our Estate Planning, Will & Probate videos and contact Gierach and Gierach, P.A. anytime. ### Orlando Will & Trust Requirements https://www.gierachlaw.com/orlando-estate-planning-lawyer/will-trust-requirements/ Orlando estate planning lawyers Gierach and Gierach explain Florida requirements for valid wills & trusts that stand up to will contests. ## Recent Articles ### Worst Financial Habits For Retirees https://www.gierachlaw.com/worst-financial-habits-for-retirees/ (2026-06-18) An estate planning lawyer can help you think clearly about how to make your retirement savings last through a long retirement.  Contact Gierach and Gierach, P.A. in Orlando, Florida to discuss your case. ### Lady Bird Deeds Can Help You Keep The Peace In Your Family https://www.gierachlaw.com/lady-bird-deeds-can-help-you-keep-the-peace-in-your-family/ (2026-06-12) An estate planning lawyer can help you with lady bird deeds and other strategies for keeping your property out of probate and keeping the peace in your family.  Contact Gierach and Gierach, P.A. in Orlando, Florida to discuss your case. ### Taking Early Withdrawals From A Retirement Account Is Not Always As Bad As It Sounds https://www.gierachlaw.com/taking-early-withdrawals-from-a-retirement-account-is-not-always-as-bad-as-it-sounds/ (2026-06-01) An estate planning lawyer can help you think clearly about withdrawing money from a retirement account before you retire.  Contact Gierach and Gierach, P.A. in Orlando, Florida to discuss your case. ### What Happens If My Family Or The Funeral Home Buries My Deceased Relative In the Wrong Place? https://www.gierachlaw.com/what-happens-if-my-family-or-the-funeral-home-buries-my-deceased-relative-in-the-wrong-place/ (2026-05-19) An estate planning lawyer can help you prevent wrongful disposition of remains or file a wrongful burial claim.  Contact Gierach and Gierach, P.A. in Orlando, Florida to discuss your case. ### Retirement Feels Out Of Reach For Grandparent Caregivers https://www.gierachlaw.com/retirement-feels-out-of-reach-for-grandparent-caregivers/ (2026-05-13) An estate planning lawyer can help you plan for a retirement, or even a scenario where you work indefinitely, where you are the primary caregiver for one or more grandchildren.  Contact Gierach and Gierach, P.A. in Orlando, Florida. ### Your Retirement Does Not Have To Be Dismal If You Have No Retirement Savings https://www.gierachlaw.com/your-retirement-does-not-have-to-be-dismal-if-you-have-no-retirement-savings/ (2026-05-07) An estate planning lawyer can help you plan for a retirement where family or friends are your main source of financial stability.  Contact Gierach and Gierach, P.A. in Orlando, Florida to discuss your case. ### Do You Have To Pay A Deceased Family Member’s Debts? https://www.gierachlaw.com/do-you-have-to-pay-a-deceased-family-members-debts/ (2026-05-01) A probate lawyer can help you navigate creditor claims against the estate of your recently deceased family member during probate.  Contact Gierach and Gierach, P.A. in Orlando, Florida to discuss your case. ### 3 Unexpected Hassles Of Retiring In Florida And How To Cope With Them https://www.gierachlaw.com/3-unexpected-hassles-of-retiring-in-florida-and-how-to-cope-with-them/ (2026-04-29) An estate planning lawyer can help you avoid unpleasant surprises and unexpected expenses when moving to Florida for retirement.  Contact Gierach and Gierach, P.A. in Orlando, Florida to discuss your case. ### Withdrawing Money From Your Retirement Account Before You Retire Isn’t Such A Bad Idea If You Are Using The Money To Pay For Long-Term Care Insurance https://www.gierachlaw.com/withdrawing-money-from-your-retirement-account-before-you-retire-isnt-such-a-bad-idea-if-you-are-using-the-money-to-pay-for-long-term-care-insurance/ (2026-04-24) An estate planning lawyer can help you figure out how to afford long-term care insurance.  Contact Gierach and Gierach, P.A. in Orlando, Florida to discuss your case. ### The Plight Of Florida’s Super Agers https://www.gierachlaw.com/the-plight-of-floridas-super-agers/ (2026-04-16) An estate planning lawyer can help you build an estate plan that will protect you from poverty if you are single and have limited retirement savings.  Contact Gierach and Gierach, P.A. in Orlando, Florida to discuss your case. ## Frequently Asked Questions Q: What is estate planning? A: Estate planning is a process whereby an individual can look at his or her assets and determine how those assets are going to be given to someone who is a close relative, son, daughter, etc., and going through the process of determining how best you can do it, to get those assets to the person you want to get them to, if you pass. Q: Can a power of attorney be used for estate planning? A: A power of attorney is a part of a good estate plan. The part that the power of attorney plays is that if a person becomes disabled, hasn't passed away, but becomes disabled and cannot therefore make decisions, handle their affairs because their brain has been affected or their body has been affected and they can't sign instruments, the power of attorney can then take over as a fiduciary and do what needs to be done for that person who has lost the ability to do it. Q: Can I make a provision in my will for my pets? A: As an avid puppy owner, I can tell you with great joy, that you can make provision for your pet or pets in your will so that they can be cared for the way that you would want them cared for. Q: Does a will control all of my property? A: The answer to that is no. Your will, will control the property that is left in your name alone. Any other property that has been designated on a payable-on-death basis, or in-trust-for basis will go to an individual designated outside the will. Q: What are some typical estate planning documents? A: Typical estate planning documents are first and foremost last will and testament known as a will. That is the primary document in my realm. Secondary would be a power of attorney and thirdly, would be a health care surrogate. Also, one other document that could apply to you and may not apply is a trust whether that be an intervivos, living trust, or a testamentary trust made in your will. Q: What are trusts? A: Trusts are documents that are normally created by lawyers, which allow a person to place property in the trust's name and out of their personal names. The normal method by which this is done will allow a person who has property to transfer that property without going through a probate process. Because a trust is a living document that will allow a transition of property without going to court. Q: What is a fiduciary? A: A fiduciary is a fancy legal word for someone who is handling the money and/or assets of another individual. Normally, that other individual is unable to do what needs to be done with their assets by himself anymore. Maybe he is infirm. Maybe he had an accident and can't do it anymore, but the fiduciary is someone who is responsible for the money and assets of another person and has legal responsibilities to do that properly or they can be brought to court if they don't do it properly. Q: What is a living will? A: A living will is a document that was created many decades ago. To take care of a person who becomes disabled, but who has not passed away. That document is now known as a health care surrogate. Unfortunately, people still look at the health care surrogate as a living will, but it is now a new document that is much better, much more comprehensive than the prior living will. So therefore, a person who becomes disabled and who has a health care surrogate that is notarized and witnessed, will be ... Q: What is a will? A: A will is a document that states a person's final wishes and allows a person to designate what they would like to happen with their personal property at the time of their death. Q: What is an advance medical directive? A: An advance medical directive is now known as a health care surrogate. That is a document that allows a person in advance of becoming disabled to sign an instrument that will allow another individual who they trust to handle their medical conditions or problems that they might have with a doctor or a hospital. Q: What is an executor (personal representative) and what does the executor do? A: In Florida, the name of the executor was changed to personal representative many, many, many, many years ago. Probably decades in fact. The personal representative of the will is the person who is appointed to see to it that that will gets admitted to probate in court. They go to a lawyer as the personal representative, to get legal advice in order to do their job as a fiduciary. That is someone who's handling someone else's money properly. Q: What should I look for in hiring an estate planning attorney? A: In my opinion, an estate planning attorney is someone who has not only been schooled in law school to handle estate planning and estates in probate, but also one who has had the experience in a practice of law for many decades so that the can use that information and I, in particular, can use the information that I've learned over my 43 years of doing this, to help you with your problems. Q: When is the right time to begin estate planning for myself? A: You should begin estate planning before you ever call a lawyer. You need to determine what your assets are and you need to be thinking about where you want those assets to go, should something happen to you. And once you have started that planning process, that's when you should call a lawyer. Q: How is a guardianship proceeding initiated? A: A guardianship is initiated by drafting and filing a pleading for determination of incapacity of an individual for whom you are attempting to get guardianship for. That is done with a court filing and court proceedings. Q: When is a guardianship necessary? A: A guardianship is necessary when an individual loses his or her ability to take care of his or her property and healthcare. At that point in time, if they have not had a power of attorney or a healthcare surrogate done, then one has to go to court to the guardianship and probate court and file pleadings to get a guardianship set up for that person who needs the care both of their body and of their assets. Q: How does the probate process work? A: The probate process is a process that begins with something called a petition for administration that will allow the appointed personal representative to get appointed by the court and not just by the will. After that, there are many steps necessary such as notice to creditors and dealing with creditors and the property and marshaling of assets so therefore it is a difficult process, but one that if you have a good, experienced lawyer, you can get through it without much problem. Q: Am I responsible for my deceased parent or spouse's bills? A: The answer to that is probably not. However, if while they were living, you became a guarantor on a credit card or a guarantor on some other debt whereby you have indicated that you will take over the debt if something happens to them or they can't pay. So therefore, that is the situation where you would be responsible. However, the vast majority of estates do not require individuals who are not in the estate, that is deceased, to pay the bills. Q: Are there alternatives to the formal administration of probate? A: There are alternatives to the formal administration and probate that include summary administration and disposition of personal property depending on the amount of the assets in the estate. Q: Can a will be changed or revoked after my death? A: No, it cannot be changed or revoked. The only process that exists for something to happen to a will other than what is said in black and white is a will contest, and that requires litigation in order to have a court hear evidence, but it cannot be changed or revoked without a legal process. Q: Do beneficiaries have to pay creditors out of their own pocket if the estate is insolvent? A: The answer to that is no. If there is an estate that is insolvent, meaning that the debts are greater than the assets, in that event, no one from a creditor standpoint is probably going to get any money from that estate, because whatever money is in the estate will have to be probated, and the costs of administration are paid first before anyone else can get anything, including creditors or beneficiaries. In summary, the answer is no. Q: Do I need an attorney to handle an estate? A: The answer to that is a resounding yes, because Florida requires, by law, that anyone who goes into probate court must have a lawyer. The reason for that is that the probate laws are very large, very long, and extremely wordy within the legal realm. Therefore, someone who tries to do it by themselves would get into trouble very quickly. That is the reason the legislature requires individuals to hire lawyers for probate. Q: How are the estate's bills paid? A: The estate must pay the bills for the estate, and that is the estate assets will be used to pay whatever bills might exist. However, there is a process whereby debts can be alleviated through the use of a notice to creditors process that will then allow you as a beneficiary to actually obtain assets from the estate, even though the debts exist. Q: What are the steps involved in probate? A: The steps involved in probate include: filing a petition for administration if it is a formal administration, running a notice to creditors, doing an accounting of the probate, and eventually closing out and discharging the personal representative of the estate. Q: What if there is no will? A: If there is no will, then your administration would be an intestate administration and the Florida statutes would make the will for you. Q: What is a formal probate? A: A formal probate is a formal administration that is necessary when a person passes away with a considerable amount of assets where a personal representative needs to be appointed in order to handle those considerable assets. --- Detailed version — see https://www.gierachlaw.com/llms.txt for summary Generated by MileMark Schema Pro