Orlando Estate Planning Attorneys

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Estate Planning FAQs

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What Is Estate Planning?

Estate planning is a process by which all of the assets of an individual, referred to as their “estate”, are organized, arranged, and accounted in order to assess and maximize the value of their estate as well as remove any ambiguities or uncertainties over the distribution and disposal of an estate when the time comes. This involves creating a will or trust, appointing an executor or trustee, and designating beneficiaries.

Assets can include cash, bank or retirement accounts, stocks, bonds, real estate, or safe deposit boxes. Estate planning can also involve tax planning, charitable giving, and healthcare directives. Our Learning Center provides a wealth of information and insights regarding estate planning; if you’re interested in learning more about estate planning, feel free to check out what information we have to offer.

When Do I Need an Estate Planning Lawyer?

  • Creating a will for yourself
  • Creating a will for a parent or spouse
  • Making changes to an existing will
  • Managing assets or guardianship of minors after the death of a parent or spouse
  • Managing assets or guardianship of minors after a divorce
  • Managing assets, taxes, and succession after the death of a business owner

What Does an Orlando Estate Planning Attorney Do?

An Orlando estate planning attorney helps clients plan for the management and distribution of their assets after their death. They assist in creating legally binding documents, such as wills, trusts, and powers of attorney, to ensure that their clients’ wishes are carried out.

Estate planning attorneys can also advise clients on tax implications, asset protection, and charitable giving. They work closely with their clients to understand their unique circumstances and goals and provide tailored advice and guidance. Orlando estate planning lawyers may also represent clients in legal disputes relating to their estate or help settle disputes between beneficiaries.

What Documents Do You Need for Estate Planning?

Estate planning documents are legal instruments that allow individuals to plan for the management and distribution of their assets after their death. These documents include wills, trusts, powers of attorney, advance healthcare directives, and beneficiary designations, and are essential for ensuring that your wishes are carried out and your loved ones are protected.

Last Will & Testament

Wills are essential estate planning documents that dictate how an individual’s assets should be distributed after death. They allow the person creating the will to designate beneficiaries, appoint an executor to manage the distribution process, and provide instructions for how assets should be distributed.

There are various types of wills that can be created to meet an individual’s unique estate planning needs. A simple will is the most common type and outlines how assets should be distributed. A pour-over will is used in conjunction with a trust, while a living will outlines medical wishes. Holographic wills are handwritten, and joint wills are created by married couples. It’s important to work with experienced Orlando asset protection attorneys to determine the best type of will for your situation.

Trusts

rusts are legal entities that allow individuals to transfer assets to a trustee who can manage them on behalf of the designated beneficiaries. Trusts present a range of benefits including avoiding the probate process, minimizing taxes, and protecting assets from creditors. Trusts can be tailored to meet specific needs, such as providing for a disabled loved one or supporting a charitable cause. Working with the right Orlando wills and trusts attorneys is essential to create the right type of trust for your situation.

There are various kinds of trusts used in estate planning including revocable, irrevocable, and special needs trusts. Revocable trusts allow for changes to be made during the creator’s lifetime, while irrevocable trusts cannot be changed once established. Special needs trusts are designed to provide for individuals with disabilities while preserving eligibility for government benefits. Other types of trusts include charitable trusts, asset protection trusts, and spendthrift trusts. Hire a qualified team of Orlando trust administration attorneys to determine which type of trust is best suited for your situation.

Durable Power of Attorney

A durable power of attorney is a legal document that designates someone to make financial and legal decisions on your behalf if you become incapacitated. This person, known as an agent or attorney-in-fact, can act in your best interest and make important decisions regarding your finances, property, and legal affairs.

Advance Healthcare Directive

An advance healthcare directive, also known as a living will, is a legal document that outlines an individual’s medical wishes if they become incapacitated and unable to make decisions for themselves. This document designates a healthcare agent who can make decisions on behalf of the individual, as well as specifies the types of medical treatments the individual does or does not want to receive.

Beneficiary Designations

Beneficiary designations are instructions specifying who should receive certain assets, such as life insurance policies, retirement accounts, and bank accounts, after an individual’s death. These designations supersede any instructions in a will or trust and ensure that assets are distributed to the intended beneficiaries without going through probate.

Letter of Instruction

Letters of instruction are informal documents that provide personal guidance to loved ones after an individual’s death. They can contain a variety of information, such as funeral arrangements, contact information for important people, and details about the individual’s wishes for distributing personal items. While letters of instruction are not legally binding, they can provide important guidance to loved ones during a difficult time and can help ensure that an individual’s wishes are carried out.

Preneed Guardian Designation

A Preneed Guardian Designation is a legal document that allows an individual to choose who will act as their legal guardian in the event of their incapacity. This document can be especially important for parents with minor children or individuals who have a disability. Preneed Guardian Designations can provide peace of mind and ensure that the individual’s wishes are respected in the event they are unable to make decisions for themselves.

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How Does the Estate Planning Process Work?

The estate planning process begins with a meet-and-greet with one of our Orlando estate planning attorneys. During this consultation, the attorney will gather information about the individual’s assets, family situation, and goals for the future. Should you decide to proceed with our services, the attorney will recommend a plan of action which may include drafting a will or trust, creating powers of attorney, and establishing advance healthcare directives.

The attorney will then work with the individual to create and sign the necessary legal documents. It’s important to regularly review and update estate planning documents to ensure they remain current and effective. Your estate planning lawyer can provide ongoing guidance and assistance throughout this process.

Real Estate Planning

Real estate planning accounts for an individual’s properties after death including any land, buildings, or other structures they owned. Florida real estate planning laws encompass homestead protection, intestacy laws, and probate procedures to manage the property ownership transfer process. Understanding and adhering to these laws helps safeguard one’s assets and protect the best interests of their remaining family. Our Orlando estate attorneys can ensure that all assets are transferred to the intended beneficiaries with minimal legal complication

Florida Estate Planning Laws

Florida estate planning laws are unique and important for anyone planning their estate in the state. One of the most significant aspects of Florida estate planning law is the homestead exemption, which provides significant protection to a primary residence from creditors and inheritance laws. Additionally, Florida law provides for the establishment of trusts, which can be useful in protecting assets and minimizing tax liability.

The state also has specific laws related to powers of attorney and advance healthcare directives. It’s essential to work with an experienced estate planning attorney in Florida to ensure compliance with state laws and to develop an effective estate plan that meets individual needs and goals. Since the process can be complex and tedious, it is advisable to hire Orlando capital gains tax reduction attorneys to assist with your estate planning needs.

Get Estate Planning & Probate Legal Assistance

Estate planning attorneys are legal professionals who specialize in helping individuals plan for the future by creating custom estate plans. Our licensed Orlando probate attorneys have passed the Florida bar and have extensive knowledge of all estate planning laws and regulations.

Our estate planning attorneys work closely with clients to understand their unique needs and goals. We work hard to help individuals minimize tax liability, protect assets, and ensure their wishes are carried out after their death. Working with an experienced estate planning attorney is essential to developing a comprehensive plan that meets individual needs and objectives.

Succession Planning for Business Owners

Estate planning and business planning are closely related, as both involve preparing for the future and mitigating risks. Business owners may need to incorporate estate planning strategies, such as trusts or succession planning, to protect their assets and ensure a smooth transition of ownership in the event of incapacity or death.

Similarly, individuals with significant assets or business interests may need to consider business planning strategies to protect their wealth and ensure the long-term success of their ventures. You need to find qualified Orlando business planning attorneys to provide guidance in both estate planning and business planning to help you achieve your goals.

Find an Estate Planning Lawyer Orlando, FL

Our law firm offers a consultation for prospective and new clients that we refer to as our Meet-and-Greet. This is a complimentary meeting that lasts about 15-20 minutes and is meant to let the client and attorney determine if they would like to work with one another.

During this meeting the client will explain his or her situation to the attorney they would be working with. The attorney can then let the potential client know if this is a matter our office could handle. We currently serve clients throughout Orlando, FL, Orange County, and Central Florida. Call or submit a request through our website to request a meet-and-greet.

Schedule a Meet & Greet

Call or submit a form request to schedule a meeting with one of our attorneys. We look forward to speaking with you.

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