Reliable Planning With A Compassionate Florida Will And Trust Attorney

Thinking about what happens after we are gone is never easy. It requires difficult conversations and important decisions. That is where I come in.

I am Barbara J. Hartbrodt, an estate planning lawyer serving DeBary and the surrounding areas of Florida. Since 2016, I have been helping clients create comprehensive wills and trusts tailored to their unique needs.

At Hartbrodt Law PLLC, I understand the importance of protecting your assets and providing for your loved ones – and I do so with pride.

Wills: Making Your Final Instructions Simple

A last will and testament is a document that outlines your wishes for your estate. It directs your executor to distribute your assets according to your desires. When there is no a valid will, the state decides the distribution of your assets based on its intestacy laws, which may not align with your intentions.

A properly executed will can also appoint a guardian for minor children. Many people mistakenly believe that wills are complex or only necessary for people with significant assets. On the contrary, they can be simple and they are absolutely vital for everyone.

Wills can also play a significant role in probate avoidance, so your loved ones do not have to handle that stressful process. However, in Florida, having a will does not necessarily mean that your estate can avoid probate completely. A probate court must generally still oversee the administration of your estate.

You can use additional tools, such as revocable living trusts, to preserve your assets and help your loved ones minimize the probate process.

What To Know About Wills In Florida

To make sure that your will is legally enforceable, you must strictly adhere to Florida’s rules for execution. Under Florida Statute §732.502, the testator (the person whose will this is) must sign at the end of the document in the presence of two attesting witnesses. The witnesses must also sign in the presence of the testator and each other.

I also highly recommend a self-proving affidavit. These are not required to make your will valid, but they act as sworn testimony. They allow the court to admit the will to probate without the need to locate the witnesses years later. Self-proving affidavits can significantly speed up the legal process for your loved ones.

Trusts: Flexible Tools For Asset Protection

Trusts offer a flexible and private way to manage your assets during your lifetime and beyond. In particular, I often use the powerful tool of a revocable living trust to help my clients preserve their assets. Some of the trust-related services that I provide include:

• Revocable living trusts: My primary focus, these trusts offer flexibility, privacy and can help avoid probate. I concentrate on them because they are such useful tools for estates of all sizes
• Irrevocable trusts: Beneficial for Medicaid planning but require a specific consultation with me to determine if they are right for you
• Special needs trusts: Essential for disability planning to protect government benefits for a loved one with a disability
• Trust administration: I guide trustees through the legal responsibilities of managing trust assets

In estate planning, you do not have to decide between trusts and wills. Many people incorporate both into their estate plan for cohesive estate tax planning. As your trust attorney, I can create cost-effective solutions that add value to your estate plan. With my transparent pricing, you will understand the costs involved from the start.

Frequently Asked Questions About Wills And Trusts In DeBary, Florida

If you live in DeBary or anywhere in the surrounding Florida communities, you likely have questions about how wills and trusts work. Below, I answer a few of the most common ones I hear from clients.

What is the difference between a will and a trust in Florida?

A will and a trust both protect your loved ones, but they work in different ways. A will is a document that takes effect after you pass away. It directs how your assets are distributed, names an executor to carry out your wishes, and can appoint a guardian for minor children. In Florida, a will usually still goes through probate, which means the court oversees the process.

A trust, on the other hand, can do more during your lifetime. A revocable living trust lets you manage and control your assets while you are alive, then transfer them to your beneficiaries after death, often without probate. Many of my clients use both tools together so their plan stays cohesive and complete.

Can a will or trust be changed after it is created?

Yes, your estate planning documents are not set in stone. A will can be updated through a written amendment called a codicil, or you can create an entirely new will that replaces the old one. A revocable living trust can also be modified or revoked at any time while you are living and competent to make those decisions.

Some documents, such as irrevocable trusts, are far harder to change once established, which is why I take time to explain the difference before we move forward. I want every client to feel confident that their plan can adapt as life does.

Can I change or update my will or trust after it is created?

Absolutely, and I encourage you to revisit your plan as your circumstances evolve. Life rarely stays the same, and your estate plan should reflect where you are today. Major moments often call for an update, including:

• Marriage, divorce, or the birth of a child
• A significant change in your finances or property
• The death of a beneficiary, executor, or trustee
• A shift in your personal wishes or charitable goals

When you work with me at Hartbrodt Law PLLC, I make these updates straightforward and stress-free. Keeping your documents current ensures your final instructions truly match your intentions and continue protecting the people you love.

Take The First Steps In Your Estate Plan Today

It is never too soon to consult a will and trust attorney about your goals and your future. To get started, please call me at 386-888-8478 or send me an email to schedule a consultation.