Will, Trusts, & Probate

Estate Planning

Estate planning is about more than documents—it is about protecting the people you love and ensuring your wishes are honored.

Through thoughtful planning, you can decide how your assets will be managed during your lifetime and how they will be distributed after your passing. Proper estate planning also allows you to appoint trusted individuals to make financial or healthcare decisions if you are ever unable to do so yourself.

Without these documents in place, important decisions about your assets, medical care, and family may be left to the court system rather than to you.

By creating a clear plan now, you can provide your family with guidance, stability, and peace of mind during difficult times.

Our firm helps clients put these essential protections in place through carefully prepared estate planning documents, including Wills, Trusts, Durable Powers of Attorney, and Living Wills with Healthcare Surrogate designations.

Wills

A Last Will and Testament is a legal document that allows you to decide how your assets will be distributed after your death. It also allows you to name a personal representative (executor) who will manage your estate and carry out your wishes.

A will can also designate guardians for minor children and provide clear instructions to avoid confusion or disputes among family members. Without a will, Florida law determines how your assets are distributed, which may not reflect your intentions.

Creating a will ensures that your voice is heard and your loved ones are protected when they need guidance the most.

Trusts

A trust is a legal arrangement that allows you to place assets under the management of a trustee for the benefit of designated beneficiaries. Trusts can be created to manage assets during your lifetime and distribute them after your death.

One of the most common types is a revocable living trust, which allows you to maintain control of your assets while you are alive and provides a smooth transition of management if you become incapacitated or pass away.

Trusts can help avoid probate, maintain privacy, protect beneficiaries, and provide greater flexibility in how and when assets are distributed.

Durable Power of Attorney

A Durable Power of Attorney allows you to appoint someone you trust to handle financial and legal matters on your behalf if you become unable to manage them yourself.

This person, known as your agent, can assist with tasks such as paying bills, managing bank accounts, handling real estate transactions, or dealing with business matters.

Because the power of attorney is “durable,” it remains effective even if you become incapacitated. This document ensures that someone you trust can step in immediately to manage important affairs without the need for court intervention.

Living Will & Healthcare Surrogate

A Living Will and Healthcare Surrogate Designation allow you to make important medical decisions in advance.

A living will outlines your wishes regarding life-prolonging medical treatment if you are unable to communicate your decisions. A healthcare surrogate designation allows you to appoint a trusted individual to make medical decisions on your behalf when you cannot do so.

Together, these documents ensure that your healthcare choices are respected and that someone you trust can advocate for you during difficult medical situations.

Florida Probate

Probate is the legal process through which a person’s assets are identified, debts are addressed, and remaining property is distributed to heirs or beneficiaries after death. In Florida, this process is supervised by the court to ensure that the decedent’s wishes are carried out properly and that creditors and beneficiaries are treated fairly.

When someone passes away with a valid will, the probate court works to ensure that the terms of the will are followed. If a person dies without a will, Florida law determines how the assets are distributed through what is known as intestate succession.

The probate process may involve gathering and valuing assets, notifying creditors, resolving claims, paying outstanding debts, and ultimately distributing the remaining property to the appropriate beneficiaries.

While probate can sometimes appear complex, proper guidance can help families navigate the process efficiently and with confidence. Our firm assists personal representatives and families through each step of the probate process to ensure that estates are administered properly and in accordance with Florida law.

Types of Probate in Florida

Florida law provides two primary types of probate administration depending on the size and circumstances of the estate.

Formal Administration is the most common probate process. It is typically required when the estate has significant assets or when it has been less than two years since the person’s death. In this process, the court appoints a personal representative who is responsible for administering the estate under court supervision.

Summary Administration is a simplified probate process that may be available when the total value of the estate subject to probate is relatively small or when the person has been deceased for more than two years. This procedure is generally faster and requires less court involvement.

Determining which type of probate applies depends on the specific details of the estate.

When Probate Is Required

Probate may be required when a person passes away owning assets solely in their name without designated beneficiaries.

Common assets that may require probate include:

• Real estate titled solely in the decedent’s name
• Bank accounts without payable-on-death beneficiaries
• Investment accounts without transfer-on-death designations
• Personal property or other assets owned individually

Some assets may pass outside of probate, such as jointly owned property, life insurance policies with named beneficiaries, retirement accounts, and assets held in trust.

Understanding which assets require probate is an important first step in administering an estate.

Duties of a Personal Representative

The personal representative (sometimes referred to as the executor) is responsible for managing the estate during the probate process. This role carries important legal responsibilities.

Typical duties include:

• Identifying and gathering estate assets
• Notifying beneficiaries and creditors
• Paying valid debts and expenses of the estate
• Filing required court documents
• Distributing remaining assets to beneficiaries according to the will or Florida law

Serving as a personal representative can involve significant legal and administrative responsibilities. Legal guidance can help ensure the estate is handled properly and in compliance with Florida probate law.