South Florida Estate Planning News
Recent Posts and Articles
Can I Use AI to Write My Will?
Ask yourself:
● How well do I understand options to protect my money, property, family, or business if I have a medical emergency, a short- or long-term incapacity, or after death?
● What is my financial situation regarding property, income, or debt?
● Is my family structure complicated?
● Am I undecided about my wishes (how to divide my money and property, when to distribute it, or what to include in an advanced directive)?
● Will my family get along if my will is unclear?
● Will someone inherit before they understand the value of their inheritance?
● What if your adult child is on the brink of divorce, will the soon-to-be ex-spouse receive anything from an inheritance?
A Will, A Trust or Both? What do I need?
Do I want a will or a trust? If you die without a will it is known as dying intestate. While many believe that their close family members “know what they want”, it doesn’t necessarily go your way without a valid will. Instead, their money and property are distributed according to Florida’s intestate succession laws, during a Probate action.
But even if someone is fine with the state-imposed inheritance laws, a beneficiary will be required to go through the expensive and long process called “Probate.”.
The law can only assume what you would want, but it may cause your wishes to go haywire. For instance, imagine you have been in a relationship without a formal marriage certificate for many years and love your partner dearly. If you pass without a will, that partner may not inherit according to intestacy laws.
Read MoreWhat questions should you ask your Florida estate planning attorney in 2022?
Planning an estate may seem overwhelming or challenging, but doesn’t need to be. Estate planning is not just for after your life, but for during your life as well. Estate plans include guidance to your families if you become sick or incapacitated, or even just traveling! Whatever the case may…
Read MoreWhat Is A Personal Representative And How Should I Choose One?
If you’re working on your estate plan, one of the most important steps is determining who will be the Personal Representative (Executor) of your estate. It’s an important choice – maybe you’ve read stories of some Personal Representatives behaving badly and wish to avoid that. You don’t want to make…
Read MoreDifferent Types Of Florida Trusts And When You Might Need Them
A trust is a legal document that can be created during a person’s lifetime and survive upon that person’s death. There are several types of trusts that can be established based upon that person’s needs or the needs of their surviving heirs. Understanding the different types of trusts and their…
Read MoreHow to Protect Your Will From Unhappy Relatives
Will contests should be avoided at all costs. Not only can a contest derail your final wishes, but it can also rapidly deplete your estate and wreak emotional havoc on the family members left behind. Fear not. With proper planning, you can prevent that from happening.
Read MoreWhatever Happened to “The Reading of the Will?”
Many movies and television shows have a scene where a family gathers around a big table after a relative has died to listen to the reading of the will. While this makes for a dramatic scene, one that may have been more common when literacy rates were lower, it doesn’t usually happen this way in the modern world.
Read MoreUnderstanding the Differences Between a Revocable Trust and an Irrevocable Trust
Trusts can be useful tools to pass assets to the next generation, protect your assets, save on estate taxes, or set aside money for a family member with special needs. The question I hear most often regarding trusts is “What is the difference between a Revocable Living Trust and an…
Read MoreDoes Your Will Name an Alternate Beneficiary?
What will happen to your estate if your primary beneficiary does not survive you? If your will does not name an alternate beneficiary, your estate will be divided according to state law. The way the state divides your estate may not agree with your wishes. Your money may go to…
Read MoreDiscovery of Aretha Franklin’s Handwritten Wills Throws Her Estate Into Turmoil
Legendary singer Aretha Franklin was thought to have died without a will, but the recent discovery of handwritten documents in her home is calling that into question. A representative of her estate has asked a Michigan probate court to determine if any of the documents could be considered a valid…
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