An Efficient Estate Planning Attorney For The People Of Florida

There are various tools in the state of Florida that you can use to your advantage in your estate plan. I am estate planning attorney Barbara J. Hartbrodt, and I can discuss your goals and the nature of your assets to create an estate plan for you that will meet your objectives.

At my law firm, Hartbrodt Law PLLC, I feel honored to serve the people of DeBary, Volusia County, Orange County and the Surf Coast region of Florida.

What To Know About Wills

A will, also known as a last will and testament, is a written document providing direction for how to distribute an estate’s assets upon the testator’s death. In Florida, you need to be at least 18 years of age and of sound mind to make a will. You must have the will notarized and witnessed in accordance with Florida law. At a minimum, your will should:

• Designate a personal representative to manage your estate after death. This person is sometimes called an executor
• Identify the beneficiaries of your estate and state which assets each beneficiary is entitled to receive
• Appoint a guardian for any minor children or wards with disabilities
• Select a trustee to manage such beneficiaries’ share of the estate
• Make charitable gifts
• Designate the tax burdens of the estate
• Give specific instructions for the handling of bodily remains

By having a last will and testament, you can decide who inherits your property and who will manage the estate. If you die without a will, the court will make these decisions and administer your estate according to Florida’s laws of intestacy.

Do I Really Need An Estate Planning Lawyer?

It is recommended to have a Florida estate planning attorney licensed in the state of Florida prepare and execute your will. Having an untrained person prepare a will may result in a failed or invalid devise, and possibly having your property distributed according to Florida law rather than how you desire.

Failure to follow the exact formalities required by Florida law for the execution of a will can result in your will being invalidated and unable to be admitted by the probate court.

No will is “simple,” given that each person has a unique set of circumstances. I will draft a will that best accomplishes your needs and goals within your budget, allowing for the various contingencies that can arise with probating a will.

What Is A Revocable Living Trust?

A revocable living trust is a type of financial arrangement that allows someone to manage the trust’s assets on behalf of another person, called a beneficiary. Whoever creates the revocable living trust is known as the grantor or the settlor.

As long as they are alive, they have control over the assets in the trust. Upon their death, a trustee manages the remaining assets for the beneficiary. As the grantor, you have the right to appoint the trustee. It can be an individual or an entity such as a bank.

The benefits of creating a revocable living trust are great:

• A revocable living trust allows for the disposition and management of property in the trust after death without the need for court supervision.
• It allows the trust assets to be kept private rather than being a matter of public record.
• Setting up a trust can prevent the need for the court to appoint a guardian in the event of incapacity, as a successor trustee would be able to step in to administer the assets in the trust.

It is important to note that a trust only allows for the administration of property placed in it. Therefore, a will or probate proceeding may still be necessary if a person dies owning other assets individually that have not been placed in the trust.

As your trust attorney, I can prepare your trust or will to ensure that all assets are properly disposed of according to your intended goals and desires.

Enhanced Life Estate Deeds Or Lady Bird Deeds

Another tool for estate planning is the enhanced life estate deed, also known as the lady bird deed. With this deed, the grantor gives himself or herself a life estate in real property that he or she owns, for exclusive use during his or her lifetime. Upon death, the property passes automatically to the person(s) named on the deed. The lady bird deed prevents the need for real property to pass through probate.

When properly drafted by an estate planning lawyer, your life estate deed will allow you to retain complete control over your real property while living. This includes the power to sell, transfer or mortgage the property during your lifetime. The cost of a lady bird deed is relatively inexpensive compared to a probate proceeding to transfer real property.

I will draft your life estate deed with proper care. Then, I will ensure that it is witnessed, executed and recorded in accordance with Florida law.

How Does Homestead Creditor Protection Work?

The Florida Constitution protects your primary residence from forced sale by most judgment creditors. Even if you face a massive civil lawsuit or financial judgment, creditors cannot take your home to satisfy the debt. This protection has no value limit, as long as the property sits on a half-acre within a municipality or 160 acres elsewhere.

Does Having A Will Allow My Family To Avoid Probate In Florida?

No. A will does not prevent probate. It provides directions for the probate court. In Florida, a judge must file and validate your will before distributing your assets to your heirs. While a will ensures that the court knows your wishes, the legal proceedings can still take months. To truly bypass probate, you would need a revocable living trust or specific beneficiary designations.

Can I Leave My Florida Home To Anyone I Choose In My Will?

It’s complicated. Florida has unique homestead laws designed to protect a deceased person’s spouse and minor children. If you are survived by a spouse or a minor child, you generally cannot leave your primary residence to someone else. The law automatically grants them rights to the property, regardless of what your will says.

However, if you are single and have no minor children, you have much more freedom to leave your home to anyone you choose.

What Is A Durable Power Of Attorney And Why Is It So Important?

A durable power of attorney (DPOA) is a type of estate planning document that stays in effect even if you become incapacitated. Without the durable designation, the document would become useless when you need it most. DPOAs are very important because they grant a trusted person the authority to manage your finances and legal affairs.

In addition to using DPOAs, you may also explore financial powers of attorney. Florida grants financial powers of attorney, so-called superpowers, or the ability to create trusts, change beneficiary designations, manage digital assets and more.

Simplify Your Estate Planning – Contact Me Today

Although creating an estate plan may sound complex, it doesn’t have to be when you work with me. I offer personalized service that provides peace of mind. Please consult me at my law office to learn more about how I can help you preserve your assets and create sound health care directives. Call 386-888-8478 or send me an email to schedule an initial consultation.