Atlantic Beach Estate Planning Lawyer

Atlantic Beach Estate Planning Attorney

Planning for what will happen to your most prized assets when you pass away is an extremely important task to take care of. The process involves creating a detailed estate plan that dictates how certain items should be distributed after your passing and to whom should receive them. This can make you feel more comfortable knowing that your legacy will be distributed to your exact desires. An Atlantic Beach estate planning lawyer can help make this all possible.

At the Law Office of Douglas A. Oberdorfer, P.A., we have a strong understanding of estate law in Atlantic Beach, Florida. We have spent years helping clients in identical situations make these important decisions legally enforceable. Our education and experience in this space allow us to set up a plan that will ensure everyone you love is cared for when you pass away. Contact us today to learn more about how we can help provide this legal security for your estate.

What Makes Up an Estate Plan in Atlantic Beach, Florida?

There are many different components that make up a formal estate plan in Atlantic Beach, Florida. It can be overwhelming for the average individual to ensure they are meeting every legal requirement as they are setting these plans up. It’s why having an attorney to supervise the entire process from start to finish can add an extra layer of security, knowing things are set up properly.

Some important items that make up an estate plan in Florida include:

• Wills and Trusts: Wills are legal documents that make it clear exactly how you want your assets and property to be distributed amongst your designed beneficiaries after you die. As you create one, you will be required to select a single executor who will oversee the distribution process to ensure it is handled compliantly. Trusts also require you to put someone in a similar role, in this case, a trustee, to help ensure assets are distributed as intended.
• Powers of Attorney: Choosing a power of attorney (POA) is the process of giving a trusted individual the power to make critical decisions regarding your finances and legal affairs after you are deceased. They will also have this power while you are alive, but only in scenarios where you are incapacitated and cannot verbalize your own desires at that moment. They can help ensure your bills are paid, medical decisions are made, and kids are cared for.
• Healthcare Directives: We can never be certain that we will always be coherent enough to make our own medical decisions. This is why part of the estate planning process is to make healthcare directives in advance of needing them. It helps to ensure that legal documentation is in place to rely on in emergency situations where healthcare decisions need to be made. For example, you can indicate how long you would like to be on life support.
• Guardianship: Parents should also ensure legal documentation is in place that specifies who should take the role of guardian over their children if something tragic were to happen. Without making this selection ahead of time, the court will appoint a new guardian for any children involved. If you have a strong preference for who should take over parental responsibilities, hire an estate planning attorney to ensure this selection is made and is legally enforceable.
• Tax Planning: The amount of estate taxes that can be generated after someone’s death can be passed on to your heirs, depending on how an estate plan was set up. An attorney can help leverage different tax planning strategies to minimize this burden. For example, they could recommend that you gift certain assets during your lifetime or recommend certain tax-exempt accounts in Atlantic Beach, FL.

Atlantic Beach Estate Planning FAQs

Q: How Much Does a Lawyer Charge to Settle an Estate in Atlantic Beach, FL?

A: The total cost for an attorney to settle an estate in Florida will depend on how much the estate is valued and how complicated the probate process proves to be. The longer an attorney is working on an estate, the more they will likely expect to be compensated for the work. Smaller estates are more straightforward than larger ones, where there may be tiered fees as the value of the estate increases. Discuss these fee structures upfront to ensure you can afford the services.

Q: Do All Estates Go Through Probate in Atlantic Beach, FL?

A: No, not every estate will need to advance through the probate process in Florida. Typically, smaller estates or those that have minimal assets will avoid the process entirely. The same applies to any estate that has been properly structured with the assistance of an estate planning lawyer in Atlantic Beach. Without any of these provisions in place, the estate will likely need to go through the probate process to ensure that all assets are distributed in compliance with Florida estate law.

Q: What Happens if Someone Dies Without a Will in Florida?

A: If someone passes away before securing an official will, the estate will be distributed according to Florida’s intestacy laws. This means that how the deceased individual’s assets are distributed will be up to the court. In most cases, they will issue these items to the closest surviving relatives, like a spouse or child. Without a will in place, the deceased individual has no control over how this process will move forward.

Q: Can a Will Be Contested in Florida?

A: Yes, all wills have the possibility of being contested in Florida. Common grounds for contests are suggesting that the person who made the will was not mentally sound at the time of doing so, they were coerced into making specific decisions, or that the will was not properly executed according to Florida law. To ensure a will is properly contested, it must be filed during the probate process. If the court agrees it is invalid, the terms will not be followed.

Contact the Law Office of Douglas A. Oberdorfer, P.A., Today

Planning for your future is important, especially if you have a strong opinion on who should receive specific assets when you pass away. At the Law Office of Douglas A. Oberdorfer, P.A., we proudly offer personalized estate planning solutions that can help protect what you care about and who you care about when the time comes. Contact us today to learn more.