Wills, Trusts, & Estate Planning

Estate planning is more than just a will or a trust – it’s legacy planning. It includes making decisions on how and to whom you want to leave your estate, as well as anticipating who will make medical and financial decisions for you during your lifetime if you become incapacitated. If you have minor children, estate planning also involves appointing health care surrogates and guardians for them if something happens to you.

A revocable trust (sometimes called a “living trust” or an “inter vivos trust”) is a flexible estate planning tool that avoids the probate process and offers a great deal of protection to your beneficiaries after you pass away. Revocable trusts provide creditor protection and protect your beneficiaries in the event of disability, avoid guardianship for minor children, and allow your estate to be held in trust until your beneficiaries reach a certain age.

The Will only controls assets that have to go through the probate process – the Will does not avoid probate. If you make a valid Will, your Will must be admitted to the probate court to effectively pass ownership of your probate assets to the beneficiaries you named in the Will.

A health care surrogate designation is a document that appoints someone to make health care decisions for you if you’re unable to speak for yourself, as well as receive health care information on your behalf.

Living wills are often confused with a do-not-resuscitate order (DNR), which allows you to choose whether you would want to receive CPR in an emergency. A living will, on the other hand, specifies if and when you would want to be removed from life support.

A durable power of attorney gives someone the legal authority to make financial decisions for you if you’re unable to make them yourself. This includes helping you pay your bills, speaking with your insurance or credit card companies, selling property, etc. Without a durable power of attorney, no one (not even your spouse) has the legal authority to act on your behalf with respect to your finances and you could potentially need a court appointed guardian.

If you don’t make a Will, your probate assets will pass to those who are entitled to receive them under Florida’s intestacy law. The intestacy law is a default inheritance scheme based on Florida statutes and family relationships, but sometimes this scheme does not always match a person’s wishes.

Death can be a difficult topic to discuss, but we can’t emphasize enough the importance of having an estate plan in place when the unexpected happens. Without an estate plan, you risk subjecting your beneficiaries and your estate to the probate process, estate taxes, disputes among family members, and a waste of time and money. Estate planning gives you peace of mind by protecting you, your family and your loved ones and ensuring your wishes are followed when you are gone.

Our Remote Estate Planning Service allows you to complete your estate planning no matter where you reside in the beautiful state of Florida. Gone are the days of traveling to our office! Now, you can collaborate with our experienced attorneys and legal support staff seamlessly through our digital channels from the comfort of your own home.

At SJF Law Group, we work hard to ensure that your wishes will be followed, and your loved ones are taken care of when you are gone. As trusted estate planning and probate lawyers, we serve individuals and families in the vibrant communities of Broward, Miami-Dade, and Palm Beach Counties. We are also delighted to provide the flexibility of both in-person and virtual appointments across the State of Florida, ensuring that our services are easily accessible regardless of your location.

Call us today at 954-580-3690 with any questions, or complete the easy form below, and we’ll call you to set up a consultation. We take pride in responding to all inquiries in a timely manner.