Wills and Simple Trusts to Advanced Estate Planning
Estate planning is about much more than "who gets the house when mom dies" and often encompasses very specialized areas of law. Florida has an extensive statutory scheme for both intestate (without a will) and testate (with a will) succession. These laws are found at Chapters 731 -739 of the Florida Statutes.
If a person living in Florida for the preceding six months dies without a will, for example, the State has a mechanism to distribute the deceased person's material possessions to the person's relatives, including his or her spouse, descendants, parents, grandparents, aunts or uncles, and other far-flung relatives. Finally, if no relative can be found, the person's material possessions escheat to the state.
Deciding what statutory creations are right for you requires knowledgeable advice. For a majority of our clients, a will package including a healthcare surrogacy in the event of incapacitation or a simple trust are sufficient. In other instances, especially for clients who have special-needs children, high net worth, charitable foundations, or other unique circumstances, advanced estate planning is required.
Trusts are no longer the tools of the rich and famous. Most people, regardless of their net worth and regardless of their yearly earnings, will benefit from a trust. Some benefits of a trust are protection from creditors, ease of distribution of assets, reduction in tax liabilities, and additional peace of mind.
Will, Trust, and Estate Issues We Assist With
- Estate Planning / Special Needs Planning
- Business Exits and Legacy
- Irrevocable or Revocable Trusts
- Charitable Trusts/Foundations
- Totten Trusts
- Spendthrift Trusts
- Living Wills
- Healthcare Directives
- Powers of Attorney