Estate Planning Attorney | Elder Law, P.A

Florida Estate Planning Attorney

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At Elder Law, P.A. we bring you the support, experience and knowledge necessary to aid you in determining how to distribute or manage your estate after your death. This can also include your wishes regarding dependent children, individuals with special needs and pets. Effective Estate Planning may help avoid costly conflicts between heirs.

Estate planning services offered

Last Will & Testament

A legal instrument communicating your final wishes regarding your “probatable” estate. A Last Will & Testament does not help avoid probate, but it does allow you to distribute your estate per your wishes.

Pour Over Will

A Pour Over Will allows you to declare that any assets at the time of your death, in your will, shall be distributed to your Trust. Your appointed Trustee shall disburse any assets in your Trust.

Trust

A separate legal entity created by you. Many people create Trusts to avoid legal fees associated with Probate. A Trust may serve several purposes including helping to avoid probate, limiting tax liability, and allowing you to qualify for government benefits. At Elder Law, P.A., we offer Revocable Trusts, Irrevocable Trusts and Special Needs Trusts. 

Our attorneys at Elder Law, P.A. can help you determine which type of Trust is best

suited for you and your family.

Enhanced Life Estate Deed

Enhanced Life Estate Deeds, also referred to as “Lady Bird” deeds, can be used to transfer ownership of real estate outside of probate to the beneficiaries named in the deed. 

Elder Law, P.A also offers experienced Medicaid Planning in Florida, learn more today. 

Estate Planning Frequently Asked Questions

Why is estate planning essential at any stage in life?


While its no ones idea of fun, can deliver some peace of mind and reassurance. Also, it allows one a sense of control when deciding where their assets go and how their family is cared for after their death.




Do you still need a trust if you have a will?


Both legal documents will dispose of your assets after death. However, a will would be required to be read by a probate court which will take more time, effort, and money leading to a delay in your beneficiaries receiving your gifts. A trust on the other hand is different type of entity which is private entity and allows you to make decisions throughout your life regarding what will happen to your assets after death without involving the probate court or other attorneys.




What is the difference between a revocable and irrevocable trust?


An irrevocable trust can not be changed once it is written, but a revocable trust can be changed at any time. In most cases a revocable trust is the more preferred route to go.




What are the pros and cons of a trust when it comes to your house?


The pros of a trust include but aren’t limited to trusts being private entities, sparing beneficiaries a long drawn out probate process, and it saves the beneficiaries court and attorney’s fees In probate which can run upwards of 3% of the total estate value. However, the cons of a trust are that it takes a lot more planning from you while you are living. You will need to take careful examination when creating a trust.




What is the difference between a personal representative vs. a beneficiary?


A beneficiary is the person who receives a gift, whereas a personal representative is appointed to communicate to the court on behalf of the state.




What is the difference between a personal representative vs. an executor?


A personal representative and an executor are actually the same roles. However, in Florida we use the phrase personal representative while many other states refer to that position as an executor.




What happens if you die without a will, and your executor can not act in this capacity?


If you die without a will or your named personal representative refuses or can not act, it will be up to the probate judge to determine based on the Florida statute who can fill in to act as your personal representative.




Are there any laws in who you select as a personal representative?


A personal representative in Florida must be over the age of 18 and have not committed a felony. Further, the representative must be a blood relative of the decedent or live in the state of Florida




What does your personal representative do?


Your personal representative is tasked with finding your most up to date estate plan, marshaling all of your assets, ensuring that all of your debts and creditors have been paid, and then finally distributing those assets to your loved ones and beneficiaries according to your wishes.





Our dedicated, passionate attorneys and staff, work tirelessly to ensure our clients and their families are protected now and in the future.

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Questions?