Estate Planning in Lee County
Protect Your Legacy
What Is an Estate Planning Attorney?
Kimberly provides comprehensive strategies to protect your assets and achieve your goals. As a part of an initial consultation, she will advise you on steps to take so that your loved ones can avoid probate when you pass.
She will assess and analyze your circumstances and will recommend the documents that you need to protect your interests, which may include a Trust, a Last Will and Testament, a Designation of Health Care Surrogate, a Living Will, and a Durable Power of Attorney. A Trust document is an important estate planning tool, and can prevent probate when assets are titled correctly, but not everyone needs a Trust. Some clients need a new real property deed, called Enhanced Life Estate Deed a/k/a Lady Bird Deed, or a deed to a trust, both of which will allow real property to pass directly to chosen beneficiaries without the expense and delay of probate. Kimberly will prepare only the documents you need, review them with you, and handle the execution of the documents as required by law with witnesses and a notary.Important Documents
Documents commonly needed are described below:
- Trust – a document stating your instructions regarding your assets, which can be designed to control your assets both before and after your death. There are three important roles established by a Trust. (1) The Grantor is the person who initially creates the Trust. (2) The Trustee is the person or entity that must follow the Grantor’s instructions regarding assets as stated in the Trust. (3) The Beneficiaries are the individuals or entities designated to receive the assets after the Grantor dies. Many instructions and guidelines may be stated in the Trust regarding the distributions. The Grantor is normally the Beneficiary while alive. Assets should be titled with proper wording in the Trustee’s name or transferable on death to the Trust in order to avoid probate.
- Last Will and Testament - a document controlling the distribution of assets titled in your name at death that do not have a designated beneficiary. After your death, the Will is a like a road map the legal representative and the court follow regarding the transfer of your assets. If you die without a Will, Florida law will determine the individuals who will inherit from you. Kimberly can make a Will in which you designate who will inherit from you and the representative responsible for distributing your assets. If you have minor children, you can identify in your Will who you wish to be their guardian. Even if you have a Trust, you still need a Last Will and Testament, but it will function as what is known as a Pour-Over Will, directing that probate assets transfer to your Trust.
- Durable Power of Attorney - a document delegating authority from you to another person who has the right to act on your behalf. This document is designed to allow your named representative to manage your financial affairs while you are alive. The Florida Durable Power of Attorney is effective upon signing and continues to be in effect even if you are incapacitated. The document ceases to grant authority upon your death.
- Designation of Health Care Surrogate – a document naming who you would like to obtain your medical records, talk to medical providers, and make medical decisions for you. This document may be used when you are incapacitated and while you still are mentally competent.
- Living Will – a document stating your instructions concerning the administration of, or continuation of, life-prolong medical procedures and other end of life decisions. This document is different than a “Do Not Resuscitate” document, which is signed by a medical provider.