Estate Planning

Having a proper estate plan prepared is not only beneficial for yourself but for your loved ones in the future. Our estate planning consists of a Last Will and Testament, Trusts, Durable Power of Attorney, Designation of Health Care Surrogate, Living Will, and HIPAA Release. We work closely with our clients to listen to their needs and current situation to develop a plan best suited for them. This estate plan will not only state how the client wishes to pass their assets at death, but also how and by whom their assets will be administered by in the case of incapacity.

Estate Planning Documents

Last Will and Testament

The Last Will and Testament distributes probate property. Probate property are assets owned by the decedent that were not jointly owned with another individual or assets that did not have a designated beneficiary. In the will, you will designate the beneficiaries of your estate as well as who you want to administer your estate.

Durable Power of Attorney

Under the Durable Power of Attorney, you will designate an Agent to act on your behalf, if you are unable. The Power of Attorney is designed to make it possible for an agent to manage your financial affairs. Florida law mandates the power of attorney detail the powers for the agent. Florida Durable Power of Attorney is active upon signing, and continues to be effective if you are incapacitated.

Trust

All assets titled in the Trust are jointly owned by both of you. You both are the primary beneficiaries, and the surviving spouse continues as primary beneficiary after the death of the first spouse. When you are both deceased, the named successor Trustee will be the Trustee to administer the Trust.

Advanced Health Care Directives

Advanced health care directives fall into three categories: Designation of Health Care Surrogate, Living Will, and HIPAA Authorization. Designation of Health Care Surrogate designates an agent(s) that you wish to make health care directives on your behalf; a Living Will states your end of life health care wishes; and a HIPAA Release lists individuals you authorize to obtain your health records.

Frequently Asked Estate Planning Questions

What is your firm's process for estate planning?

At our office, we start by sending you an initial questionnaire for you to complete prior to the initial consultation. At the initial consultation, we usually will discuss not only your estate planning goals, but develop a strategy to develop your specific estate plan. Within a few weeks after the strategy meeting, you will receive drafts of your documents for your review. We then have a scheduled meeting to review the documents and Amy will answer any of your questions and make changes. Once your documents align with your goals, we have a meeting for you to sign your documents. You are also given a summary regarding each document in your estate plan, and a review of all your assets.

What is my "estate"?

All property possessed at death before it is transferred by will, trust, joint ownership or beneficiary designation is referred to as your estate. We review all your assets, including real estate, investment assets, bank accounts, retirement accounts, life insurance, annuities, and tangible personal property to look at how each asset is titled, is it exposed to liability, and how is the asset transferred at your death.

What is the best age to have my estate planning documents prepared?

All estate planning documents in the State of Florida can be signed starting at the age of eighteen. Our firm caters to all ages for estate planning starting from young adults to our senior population.

Do I need a will?

Last Will and Testament is a document that states your wishes as to how your assets are distributed, but also who is the Personal Representative (executor) of your estate. However, a Last Will and Testament only distributes assets through the probate court process.

Are my out of state documents valid in Florida?

It depends. Most estate planning documents from other states are legal in Florida; however, there may be difficulty using the documents in Florida. We may need opinion letters from an attorney in the other state on the legality of the document in the other state. For instance, transferring real estate in Florida needs two witnesses and a notary. Many states only require a notary for your power of attorney. It is always prudent to have your estate planning documents reviewed by a Florida attorney and update anything to conform to Florida law.

What is the difference from signing estate planning documents through an online document preparation service?

Online estate planning documents may not always be “Florida” specific, even though the word Florida appears on the documents. For example, many times I see Florida power of attorney documents a client did online that does not conform to Florida law and will not work in the State of Florida. If the person in then incapacitated, we cannot update the documents to conform to Florida law.

"I’m 24 years old and I never thought I would need Advanced Directives at this age. After hearing Amy speak about why everyone should have these necessary documents at any age, I decided to get them. Today, I had surgery and the hospital had my advanced directives on hand. It certainly made me feel at ease about my care. I knew that no matter what happened, I would be in good hands with the choices I made and that my wishes would be honored. Thank you to Amy and her team for educating me and others in the community on these documents and why it’s so important to have the right lawyer when getting Advanced Directives. Thank you, Amy!!!"

ANDREA A.