Tampa & Sarasota Florida Real Estate Lawyer and Estate Planning Attorney
Call Us: (813) 314-2475
Call Us: (813) 314-2475
Florida Wills, Trusts and Estate Planning
Estate Planning FAQ
8 Reasons To Hire an Estate Planning Lawyer
Estate Planning Checklist
We answer the most frequently asked questions about Florida Wills, Trusts and Estate Planning law.
Estate Planning Checklist
8 Reasons To Hire an Estate Planning Lawyer
Estate Planning Checklist
We prepared a checklist for you to properly plan for your initial consultation as you begin to prepare your estate plans.
8 Reasons To Hire an Estate Planning Lawyer
8 Reasons To Hire an Estate Planning Lawyer
Wills & Trust Packages (For Individuals and Couples)
Don't know whether you should plan your estate yet? We lay out 8 reasons why you may want to meet with an Tampa Estate Planning Attorney.
Wills & Trust Packages (For Individuals and Couples)
Book a Free Consultation with a Tampa Estate Planning Lawyer
Wills & Trust Packages (For Individuals and Couples)
Pick from our Estate Planning Packages to suit your needs. Our estate planning attorney will be ready to answer your questions during your free initial consultation.
Special Needs Trusts/Law
Book a Free Consultation with a Tampa Estate Planning Lawyer
Book a Free Consultation with a Tampa Estate Planning Lawyer
We are one of few Florida law firms that draft Special Needs Trusts. This is a must-have for people with special needs. Get informed and then schedule a free initial consultation with an estate planning attorney
Book a Free Consultation with a Tampa Estate Planning Lawyer
Book a Free Consultation with a Tampa Estate Planning Lawyer
Book a Free Consultation with a Tampa Estate Planning Lawyer
Contact us to book a free initial consultation to speak with an experienced Tampa Estate Planning Attorney.
Frequently Asked Questions in Estate Planning
What is Estate Planning? Do I need an Attorney for this?
An estate plan is a legally enforceable plan of action, delineated through a series of legally binding documents, which were drafted during a person's lifetime, with the intent of assigning and distributing powers and assets on a deceased person's behalf to specifically assigned beneficiaries. Hiring an Estate Planning Attorney for this process eliminates any second guessing and gives you peace of mind. If you are ready to schedule your Free Initial Consultation with a Tampa Estate Planning Attorney please call Peart Law Office, PA at (813) 314-2475 today!
What is a Will and Last Testament?
A Will and Last Testament is a legal document that lays out how a Testator's property will be distributed to beneficiaries by a named Executor after the death of the Testator, and how their minor children and pets will be cared for.
What is a Power of Attorney or POA?
A Power of Attorney is a legal document that designates a person to make decisions about another person's property or finances.
What is a Revocable Trust?
A Revocable Testamentary Trust is a legal instrument or document created for purpose of handling a Beneficiary's property or assets by a named Trustee for the benefit of the Beneficiary. A Revocable Trust can be amended at any time during the beneficiary's lifetime.
What is an Irrevocable Trust?
An Irrevocable Testamentary Trust is a legal instrument or document created for purpose of handling a Beneficiary's property or assets by a named Trustee for the benefit of the Beneficiary. Unlike a Revocable Trust, an Irrevocable Trust cannot ever be changed or amended, unless by a court order.
What is a Codicil?
A Codicil is a legal document that supplements or changes any term of a Will and Last Testament or Testamentary Trust. It is similar to an addendum to a contract. A codicil is usually created to change a named trustee, beneficiary or material term of the Will or Trust.
What is a Healthcare Surrogate?
A Healthcare Surrogate is a person designated to make medical decisions on behalf of another person, while the latter is incapacitated or incapable of making those decisions by themselves.
What is a Declaration Naming Preneed Guardian?
A "Declaration Naming Preneed Guardian" is a legal document that lays out instructions for the care of your minor children in the case that you are incapacitated and a guardianship needs to be established for them. If your estate plan does not include one, and you are incapacitated, then the State may need to make this decision for you.
What is Probate? Is Probate necessary?
"Probating an estate" or "probate" is the process of distributing assets and paying off creditors on behalf of a decedent, through a court action, commenced by any heirs or beneficiaries to the decedent's estate.
A judge will decide whether an estate plan exists and whether or not it is legally sufficient or binding. Furthermore, the judge will assign an executor of the estate, who will distribute any assets and pay any liabilities and expenses.
Whether you need to go through Probate or not, largely depends on the your monetary value or your estate . Probate is required in Florida Law when the value of a decedent's estate is above $75,000.00 (excluding any protected homestead). Anything below that amount should qualify for summary administration.
Most people end up having to hire an attorney to represent them throughout the probate process. However, if you want your loves ones and/or beneficiaries to avoid probate entirely, then you will most likely need to have a trust set in place by an estate planning lawyer. To schedule a Free Initial Consultation with an Estate Planning Attorney please call Peart Law Office, PA at (813) 314-2475 today!
Do you practice in probate law?
Unfortunately, we do not work in the area of probate. We only work with clients in planning for the future or litigating Trust disputes.
How can you avoid probate?
In order to avoid probate altogether you must have a testamentary trust in place. The trust can be revocable or irrevocable. We always recommend revocable trusts, as they can always be amended. Irrevocable trusts cannot be amended.
Who can plan their Estate?
Florida law states that Individuals over the age of 18 who are of sound mind and body may sign any estate planning documents. To schedule a free initial consultation to speak with a Tampa Estate Planning Attorney please call us at (813) 314-2475 or kindly fill out the contact form at the bottom of this page.
Estate Planning Checklist
A complete checklist to prepare for your free consultation:
- Call our office and schedule your free initial consultation at (813) 314-2475. Completing this step will ensure that you have a deadline by when to complete this checklist.
- Make a list of your goals. What objectives or goals do you want to obtain?
- Make a list with all of your questions and concerns for the attorney.
- Make a list with all of your assets and liabilities. This includes your bank account(s), car(s), home(s), insurance policies, 401k, retirement plans, future income and expenses.
- Make a list with all of your beneficiaries and what you plan to gift them.
- Make a list of potential trustees and guardians to make decisions on your behalf.
- Attend your free initial consultation with our attorney and ask lots of questions. Make sure to keep notes!
- Shop around. We're so confident in our products and services that we know that you will come back to do business with us once you compare us to what other law firms are offering.
- Call our office to move forward with your customized plan.
- Schedule your signing day!
- Attend the signing and fulfill your wishes! (Yes, we can provide witnesses, if you need them!)
8 Reasons To Hire an Estate Planning Attorney
Do I need an Estate Planning Attorney?
The answer to this question depends on several conditions, most of which are listed in our introduction above. Here are eight reasons why you may want to hire an attorney to draft your estate plan:
1. You want peace of mind. It's the reason why you find yourself on this website in the first place.
2. You want to make sure that your beneficiaries and/or loved ones avoid having to probate your estate.
3. Unfortunately, you do not possess the knowledge of all of the estate planning procedures in Florida, necessary to best plan your estate.
4. You want to decrease any tax burden or tax liability by your loved ones and/or beneficiaries.
5. You would like to currently grant free use of your assets to your beneficiaries without any personal liability or burden to them.
6. You would like to decrease your personal liability through a Trust, similarly to how an LLC operates.
7. You would like to eliminate any exposure of your assets to any creditors seeking them out.
8. You would like to maintain anonymity of real property ownership in public records.
8. You want to minimize or eliminate any in-fighting in your family over your assets.
9. You want to exclude somebody from receiving anything from your estate (aside from a spouse or minor children, who in Florida will have a legal claim to a portion of your estate and cannot be written out of your estate).
All of these reasons aside, any mistakes made while planning your estate could cost your loved ones, trustees and beneficiaries thousands of dollars and could take months or even years to resolve. Even worse, this all has to be carried out while your family members are grieving. In estate planning law somebody always comes out of the woodwork to make a claim for something. You know, that distant cousin of yours that you haven't seen in 30 years who thinks they are entitled to something.
If your wishes are properly recorded, they are harder to dispute. Hiring the proper estate attorney that has been drafting wills and trusts for years is key to having your wishes followed. Call us today to schedule your free initial consultation at (813) 314-2475 or kindly fill out our contact form at the bottom of this page.
Wills & Trusts Packages (For Individuals and Couples)
The Essential EP Package
Our Essential EP Package includes a Last Will and Testament, a Durable Power of Attorney, a Healthcare Surrogate form and a Living Will. This package will cover all of your estate planning needs, as long as your assets do not exceed $75,000.00 (excluding any protected homestead property).
Your estate will still need to be distributed through the Probate Court, but your intentions will be laid out for a court to follow. Please contact our office to obtain a quote and schedule a free initial consultation to speak with our Tampa Estate Planning Attorney to see if this package will fit your individual estate planning needs.
The Enhanced EP Package with Ladybird Deed
Our Enhanced EP Package includes a Ladybird Deed , a Last Will and Testament, a Durable Power of Attorney, a Healthcare Surrogate form and a Living Will. This package will cover all of your estate planning needs, as long as your assets and property do not go over $75,000.00 (excluding any protected homestead property). Your estate will still need to go through the Probate Court, but your intentions will be laid out for a court to follow.
However, the ladybird deed will immediately add any beneficiaries onto your home's title, but allow you to keep a life long interest in your home, and do whatever you would like with it. Your home will not need to be probated and your loved ones will have immediate control of your property once you pass.
Please contact our office at (813) 314-2475 to obtain a quote and schedule a free initial consultation to speak with our Tampa Wills & Trusts Lawyer to see if this package will fit your individual needs.
Complete EP Package with Living Trust
Our Complete EP Package includes a Last Will and Testament, a Durable Power of Attorney, a Healthcare Surrogate form, a Living Will and a Revocable Living Trust. This package will cover all of your Estate Planning needs, especially is you own real property in excess of $75,000.00. A living trust will help your loved ones avoid estate taxes and avoid the probate court. Your family will require no future title work in the future if the property in question needs to be sold.
This package will provide peace of mind not only to you, but also your loved ones. Please contact our office at (813) 314-2475 to obtain a quote and schedule a free initial consultation to speak with our Wills and Trusts Lawyer to see if this package will fit your individual needs.
Individual Estate Planning Documents
All of the documents that we create can be purchased individually as well. Please contact our office at (813) 314-2475 to obtain a quote and schedule a free initial consultation to speak with our Estate Planning Attorney to see if this package will fit your individual needs.
Estate Planning Law: Special Needs Trusts
What is a Special Needs Trust?
In Florida law, a Special Needs Trust is an investment vehicle specifically designed for the benefit of an individual with special needs, who does not want to risk losing their government benefits due to a future income stream, financial settlement or benefit. It is created specifically for any supplemental funds that will soon be received by the beneficiary.
By utilizing a special needs trust, any future income will not change the individual's personal income, either for the purposes of filing personal taxes or for any application for any government benefits, as the funds will flow directly into the trust. This instrument is vital to maintaining qualification for any current government benefits. You will most certainly need the guidance of an experienced estate planning attorney to create one of these trusts. Please contact our office to setup a free initial consultation to discuss the creation of a Special Needs Trust for your loved one.
A Florida Special Needs Trust is valid for both state and federal government agencies who provide any benefits or assistance. Please contact our office at (813) 314-2475 to obtain a quote and schedule a free initial consultation to speak with our Estate Planning Attorney to see if this type of trust will fit your individual needs.
Can a Beneficiary be a Trustee?
The Trustee of a special needs trust is usually the parent, guardian or caregiver of the trust's beneficiary. The beneficiary is the person receiving the benefits of the trust. The most common question we receive about these trusts is: Can a beneficiary act as trustee? A beneficiary cannot be the trustee of a special needs trust.
When Should I Create A Special Needs Trust
A Special Needs Trust should be created before receiving any new income streams, financial settlements or benefits. Once the money has been received it is too late to create the trust. Please contact our office at (813) 314-2475 to obtain a quote and schedule a free initial consultation to speak with our Estate Planning Attorney.