Estate Planning

Planning is part of every aspect of life

As we grow our families and create financial and personal goals, estate planning is crucial. It often becomes even more important in our later years. A custom-designed estate plan ensures your wishes will be carried out according to your specific instructions, while also providing optimal tax avoidance and making the distribution of your assets a seamless process, especially during what will be a difficult and emotional time for your family and loved ones.

If you want to maintain control over your quality of life, your home and valuables, and how you age—all while protecting your privacy—estate planning is the solution. You can grant trusted loved ones with the legal authority to make medical or financial decisions on your behalf in the event of emergencies, and even outline your wants (and don’t-wants) for end-of-life care and treatment. Finally, you can choose how to distribute belongings to your beneficiaries after you have passed.

Schedule a consultation with an estate planning attorney on our team to discuss your concerns and help you outline your wishes before creating the primary estate planning documents you need to achieve your goals.

5 FOUNDATIONAL ESTATE PLANNING DOCUMENTS

WILLS

A will defines the executor and manager of your estate who pays debts and distributes property as you have specified. The administration of assets in the will can be as broad or detailed as you like and address beneficiaries and guardians for minor children. You can also direct family members about your funeral and burial wishes to avoid conflicts.

TRUSTS

Setting up a trust also distributes assets and property, But a trust does not have to go through probate if it is well-designed, routinely updated, and properly funded. Property is still distributed at death, but privately—without public court interference. There are several types of trusts—revocable and irrevocable trusts are the most common—but your estate planning attorney can help guide you to the best type of trust for your needs.

LIVING WILL

This tool outlines your wishes for end-of-life medical care. It can include instructions regarding medical treatments in specific situations, so family members don’t have to stress over making difficult decisions. It helps keep peace during emotional times, and ensure you receive medical care in alignment with your wishes. 

HEALTH CARE SURROGATE

A health care surrogate designates someone you trust to make health care decisions for you if you become incapacitated, remaining in effect until your recovery. This agent, guided by your living will or health care surrogate, will ensure your medical wishes are followed. For parents of minor children, a Florida pre-need guardianship designation can name someone to care for them if needed.

FINANCIAL POWER OF ATTORNEY (POA)

A financial power of attorney designates someone to handle your financial affairs, and a durable version remains in effect even if you become incapacitated. This avoids the need and expense of guardianship should you become unable to manage your finances, and an enhanced version also allows for applying and planning for government benefits.

Florida Elder Law & Legacy Planning Free Elder Law Workshops

CHARTING YOUR COURSE: A FREE ELDER LAW & LEGACY PLANNING WORKSHOP

Our free elder law and legacy planning workshops are a great first step in the estate planning process.

FAQs

frequently asked questions about estate planning

What is estate planning and why do I need it?

Estate planning is the process of arranging for the management and distribution of your assets after your death or if you become incapacitated. It’s important because it ensures your wishes are carried out, protects your loved ones, and can minimize taxes and legal hassles. It’s not just for the wealthy; everyone needs a basic plan.

What documents go into a typical estate plan?

Common documents include a will (directs asset distribution after death), a living will (outlines end-of-life care wishes), a financial power of attorney (authorizes someone to manage finances if you’re unable), a health care surrogate (authorizes someone to make medical decisions if you’re unable), and sometimes a trust (a legal entity that holds assets).

What is the difference between a will and a trust?

A will dictates how your assets are distributed after you die. A trust is a legal entity that holds assets, and can be used to manage and distribute them while you’re alive or after your death. Trusts can offer benefits like avoiding probate (the court process of validating a will) and providing more control over asset distribution.

HOW OFTEN SHOULD I REVIEW OR UPDATE MY ESTATE PLAN?

You should review your estate plan periodically, ideally every 3-5 years, or whenever there’s a major life event like marriage, divorce, birth or death of a beneficiary, or a significant change in your financial situation. Laws can also change, requiring updates.

DO I NEED AN ESTATE PLANNING ATTORNEY?

It’s highly recommended to consult with an estate planning attorney. They can provide personalized advice, ensure your documents are legally sound and tailored to your specific situation, and help you navigate complex issues. This is especially important if you have a complex estate or unique circumstances.

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