Estate Planning Basics

A solid estate plan doesn't begin with complex tax strategies - it begins with the right foundation.

These four documents work together to protect your family, your finances, and your future.

UNDERSTAND THE FOUR ESSENTIAL DOCUMENTS EVERY FLORIDA ADULT SHOULD HAVE

Frequently Asked Questions

Do I need both a Will and a Living Trust?

Sometimes. Many people with Living Trusts also sign a Pour-Over Will to ensure any assets not transferred into the trust during life are ultimately distributed according to the trust's terms.

Does a Durable Power of Attorney remain valid after death?

No. A Durable Power of Attorney terminates upon the principal's death. After death, the Personal Representative named by the probate court or the successor trustee of a trust assumes authority over the deceased person's affairs.

Can I avoid probate with only a Will?

It depends. No. A Will does not avoid probate. However, a person may avoid probate through the way assets are titled or through beneficiary designations, even if the person also has a Will. If you own your house via an Enhanced Life Estate Deed and if you own all of your financial accounts jointly with someone else and/or if you have listed pay-on-death beneficiaries for all of your financial accounts - your estate might avoid probate upon your death. However, there are certain events that could cause those assets to be probated - i.e., if the other co-owner or the pay-on-death beneficiary predeceased you. That is why we recommend that you meet with an experienced estate planning attorney who can discuss contingency planning with you. (A Will directs how your probate estate is distributed, but it does not avoid probate.)

Are Advance Directives only for older adults?

No. Any adult can become unexpectedly incapacitated because of an illness or accident. Advance Directives help ensure your medical wishes are known regardless of your age.