ESTATE PLANNING
OUR ESTATE
PLANNING PROCESS
01
Intake Questionnaire
Once you call our office, we help you schedule your initial design meeting through our intake process. During the call, we will email you a welcome packet with important information and an initial questionnaire for you to complete prior to the initial design meeting.
04
Phone Call to Review Drafts
It is important to us that clients understand their documents and what they are signing. This scheduled phone call is with Amy to review the documents and answer any of your questions. If there are any changes that need to be made, those changes will be done before you come into sign.
02
Initial Design Meeting with Amy
At your initial design meeting, we will discuss your estate planning goals and work with you to design your specific estate plan. This is a great time to ask a lot of questions and meet our team.
05
Sign Your Documents
Once your documents align with your goals, we have a meeting for you to sign your documents. This meeting is with our estate planning paralegal or law clerk and is usually physically in the office. If you are unable to come into our office, please just let us know and we would be more than happy to schedule an out-of-office signing.
03
We Draft Your Documents
After your initial design meeting, our team will begin working on drafting your unique estate planning documents. Within a few weeks, you will receive drafts of your documents for your review.
06
Pick Up Your Portfolio
After your signing, our team will prepare your estate planning portfolio. The portfolio includes your original signed documents, a set of copies, and a summary of your documents and assets. Along with the portfolio, you will receive a gift bag as a thank you for coming to our office.
Then We Are Here For Whenever You Need Us!
Even after you have signed and picked up your portfolio, our office is here for you whenever you need us. There are many difference circumstances that could occur where you will want to update any or all of your estate planning documents. When that time comes, we make it simple and easy to make those changes, just give us a call.
If you ever need our office for long-term care planning, Medicaid planning, or probate and trust administration work, we are more than happy to continue representing you in those matters.
Have other legal issues outside of our wheelhouse? You can always still give us a call and we will help you find another attorney best to help you.
MEET YOUR ESTATE PLANNING TEAM
ESTATE PLANNING
DOCUMENTS
LAST WILL & 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.
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What is estate planning?Estate planning is the process of creating a comprehensive strategy to manage your assets during your lifetime, in case of incapacity, and upon your death. The documents created can help you and your loved ones make your life and their lives simpler and easier to manage. Our office knows that estate planning can seem scary and daunting for many people, or may even be something that many people do not think they need. We make sure to fully explain the entire process, the benefits, and the meaning behind each document to give you a peace of mind and help you and your loved ones. We are always here to answer your questions during the process and even long after.
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Why is estate planning important?Estate planning is essential for many reasons: 1. Distribution of Assets: Estate planning controls how your assets are distributed after you pass away based upon your wishes. Without estate planning in place, your assets may be distributed following state laws instead, which could lead to family disputes and unnecessary expenses. 2. Minimizing Probate: With creating an effective plan, he can help you minimize the majority of the time and expenses associated with the probate process. With creating a valid, comprehensive and fully funded Trust, you can even fully avoid the entire process of probate. 3. Protecting Beneficiaries: In the unfortunate event of parents passing away, having an effective estate plan in place can ensure that your beneficiaries, especially minors or beneficiaries with disabilities or on Medicaid, credit issues, alcohol or drug issues, are taken care of in accordance to the parents' wishes. Read more essential reasons in our blog:
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What documents are typically included in an estate plan?At our office, we offer different types of estate plans that are customized and unique for each client. Our usual estate plans consist of Last Will and Testament, Durable Power of Attorney, Health Care Surrogate, Living Will, and HIPAA Authorization. Depending on the situation, the plan may include a individual Trust or a joint Family Trust as well. Other documents our office could draft is a Special Needs Trust (SNT), Qualified Income Trust (QIT), Deed to Trust, and much more. We pride ourselves in not having you pay and sign documents that you do not need. For example, if Amy helps you determine that you do not need a Trust, then we will be completely transparent to you and not try to "upsell" you.
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Why do I need estate planning if I do not have many assets?This is a common misconception around estate planning. Many people think you need to own a home, or even multiple assets, before thinking about your estate planning, but this is not true. Estate planning encompasses such a wide variety including protecting your minor children in the case of your passing, who can help make healthcare and financial decisions for you in the case of incapacity, and the distribution of any and all of your assets to align with your wishes. It is more than just about wealth, it is about ensuring your voice is heard and that you and your loves ones are cared for.
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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 office caters to all ages for estate planning starting from young adults to our senior population.
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What if I want to make changes to my estate plan down the road?At our office, we try to make it as simple as possible for you. Once you are a client at our office, we keep your drafts and copies of your signed documents in our system. If you need to change anything on your documents, just give our office a call and discuss the changes with our team and we will have you come in the office to quickly sign the new documents in no time. Here are some examples of when to update your estate plan: - A family member passes away - Your main agent and/or surrogate on your documents becomes incapacitated or passes away - Someone on your documents now becomes untrustworthy - Getting engaged or married - Your health care surrogate changes their phone number - Major financial or health changes with one of your beneficiaries
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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.
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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.
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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. It is always important to have your estate planning documents reviewed by a Florida attorney and update anything to conform to Florida law. At our office, we will ask you to bring in or upload all of your current estate planning documents for our team to review during your initial appointment. If there are documents that will hold valid in Florida, we would never try and "upsell" you to recreate those. We will only suggest signing new Florida documents for what is needed. We may need opinion letters from an attorney from your former 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.
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What is the difference from signing my 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 we see Florida power of attorney documents a client did online that does not conform to Florida law and will not be held valid in the State of Florida. If the person is then incapacitated, we cannot update the documents to conform to Florida law and a court-involved guardianship will likely be needed.
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Do you have any special documents to incorporate our religion?Yes, we do! During your initial design meeting, mention that you would like the special documents for your specific religion. For example, we have a Living Will that is specifically drafted to align with catholicism. This is of no extra charge, we are happy to support you.