Frequently Asked Questions

If you die without a will, your assets will be distributed per Florida’s intestacy statute. This statute was created based on what the legislature thinks you likely would’ve wanted, which may not be what you actually want.

Yes! Not only does creating an estate plan ensure that both your biological and stepchildren inherit what you want them to, in the way you want them to, but having step-children can also change the assets your surviving spouse is entitled to once you pass (if you haven’t created a will).

You can actually make a trust for your pet! Just as you would for a biological child, you can ensure that your pet is taken care of by who you want.

A will is a document containing instructions for the final disposition of your assets. Once the directions of the will are carried out through the probate process, it’s done. A trust, on the other hand, can last long after you pass away, through generations even! Therefore, it’s extra beneficial for those who want to structure the disposition of their assets over time after their death, rather than pay it all out in one lump sum. Wills are public, trusts are private, wills are probated, trusts are not.

Although they may sound similar in name, living wills and last wills have very different functions. Living wills provide your instructions regarding life support should you become seriously ill or incapacitated. A last will declares the disposition of your assets, among other things, but doesn’t deal with matters that arise before your death.

There are different kinds of Power of Attorney, but in general, a Power of Attorney gives authority for someone else to act on your behalf. It is important to choose someone that you really trust, because they will have the authority to make important decisions for you. For example, you may sign a Power of Attorney to give someone the authority to make financial or medical decisions for you if you become incapacitated. It is impossible to predict if and when you will ever become incapacitated, so creating a Power of Attorney is certainly recommended, but this is especially important if you will be traveling internationally or going into surgery, as a safety measure to ensure that a decisionmaker is appointed should an emergency occur.

First and foremost, the number one thing necessary to prevent your family from contesting your will is to ensure that it is executed with all required formalities. It can also be helpful to explain why you make certain decisions, so that your beneficiaries can understand why you chose this disposition, either in person before you pass or in your will. You can also create a living trust, which also avoids probate of the assets.

If you and your family pass away in the same disaster, the outcome will depend on many factors, including whether or not you have a will and, if you do have a will, what it says—if anything—about simultaneous death. If this is something you’re concerned about, you should discuss it with an attorney, to ensure that you put a plan into place that will reflect your wishes in this scenario.

You can do this with a proper estate plan! There are several factors that determine an inheritance based on your family dynamics, and so the best way to ensure that your child receives the inheritance that you want is to create a plan that directs this to happen in the way you desire.

Death Taxes are taxes on the assets of an individual’s estate or inheritance (or potentially both). These can be levied at the state or federal level. Some states impose this tax, but Florida, for example, does not. However, there is still the federal tax on any assets above the exemption level. The exemption level is subject to change. Thus, it is very important that your plan takes this into account, and that it is changed any time your assets are near the exemption amount.

Yes, this does really happen, and it can have serious consequences for the disposition of the estate. Even if you have a will, the provisions can be overwritten in certain circumstances, such as a child being born after the creation of a will. It is therefore very important that you be honest with your attorney about any and all family members. Otherwise, in addition to the emotional consequences, there can be significant financial consequences.

Not only should you choose someone responsible who you trust to properly administer your estate, but Florida has certain requirements for personal representatives. If you choose an individual to be your personal representative, they must be a Florida resident or a close relative. They need to be at least 18 years old, mentally and physically able to perform the duties, and cannot be convicted of a felony.

A pour-over will provides that, when the settlor of a trust passes away, any assets owned at their death that aren’t already in their trust are to be added to their trust.

You can detail your burial wishes and give authority to an agent to make those arrangements on your behalf in your estate plan. Not only is this a good idea to ensure that your wishes are followed, but it allows you to begin the process. For example, burial plots can be expensive, so purchasing one now and naming it in your estate plan as your final resting place can save money and avoid any worries for your family.

Actually, this may be seen as an act to revoke the entire will. To avoid this, it is best to consult an attorney regarding any amendments you may want to make to your will.