According to Florida Statutes, if you are in possession of an original will and you are aware of that person’s death, you must deposit the original will with the court in the appropriate jurisdiction. We will assist in the recording of original Wills at no cost.
When a person dies without a will, the estate is considered intestate. In that situation, the Florida Statutes will determine who can serve as personal representative of the estate and the beneficiaries.
Durable Powers of Attorney are documents that give someone the ability to make decisions regarding your property. This person must be someone you trust and they are tasked with doing as you would have intended. This person is often referred to as your “agent” or “attorney-on-fact.” Durable Powers of Attorney are usable on your behalf by your agent the moment you sign the document. Most often agents will wait until you have become incapacitated to utilize their authorities, but there is no legal requirement that they wait until that time. The best time to set up your power of attorney is NOW. This may be the most important estate planning document you execute during your lifetime. Please make an appointment with our offices to learn more.
If have property in multiple states when you die, you will need to have a probate administration in each of the states you hold property to transfer ownership to your beneficiaries. If you die without a will, the beneficiaries may be different based on the state in which the property is located. To avoid the extra costs and the complication of dealing with multiple probate estates at one time, many of our clients will create a trust and deed all their properties into the trust. This will allow for the trustee of their trust to transfer assets more easily upon their death and without the necessity of multiple court involvement.
Not without properly executed waivers of your spouse’s interests in assets that are statutorily entitled to.
Yes. As long as the child is not a minor, you are under no legal obligation to leave anything to your children under you Will.
No. A DNR is a document signed off on by a physician. The living will is utilized by a health care surrogate or medical professional to communicate your wishes regarding the use of artificial means to keep you alive
Generally, yes, you do, however F.S. 196.061 allows rental of a homestead for 30 days per year and for 2 consecutive years.
Planning today can make a big difference for your finances and stress levels tomorrow. To make an appointment with our DeLand office, call 386-734-5959 or get in touch online to find out what might be possible in your situation.