15Jul 2021 by Pat Geddie
Should You Form a Trust?

Should You Form a Trust?

Estate Planning
You have likely heard of a living trust, but perhaps you never considered whether a trust would benefit you and your family. Trusts are legal tools that many people use to achieve various estate planning goals, and the best way to know whether a trust is right for you is to consult with an experienced Boca Raton estate planning attorney. Benefits of a Trust A living trust can have many estate planning benefits, such as: Avoiding probate - Any property or assets held in trust are not required to go through the probate process. Instead, the successor trustee who you designate can distribute the property straight from the trust according to your instructions. This can simplify the probate process for your family members significantly. Greater control over distributions - When…
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12May 2021 by Pat Geddie
Components of a Comprehensive Estate Plan

Components of a Comprehensive Estate Plan

Estate Planning
An estate plan is not fully effective unless it is comprehensive. Finding out too late that something is missing could cause legal issues for your family. Here is what you need for a comprehensive estate plan. Wills Your will specifies the division of your assets after you die. It is the governing document that expresses your own wishes. Without it, the court would decide who gets what from your estate.  This is perhaps the key piece of estate planning that nobody can be without. The will could also cover things like your funeral plan and your wishes for your children. Power of Attorney Your estate plan does not just take over when you die. It also helps your family as you are no longer able to make decisions. A power…
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20Apr 2021 by Pat Geddie
What Happens if You Become Ill or Die Without an Estate Plan?

What Happens if You Become Ill or Die Without an Estate Plan?

Estate Planning
Lawyers often tell clients about the risks of not having an estate plan in place. This is more than just a scare tactic to generate business. Attorneys know what your family is facing without estate planning documents to guide them. A will or trust is a way for you to assert your own control over your assets and estate. Without these, the state would assume all control. Your property would end up in probate court, and it would be a judge who makes all decisions about your property. The judge would apply Florida state law to divide your property, and it may not be in accordance with your wishes. The Court Decides Asset Division Usually, it is the spouse and children who have first priority, but the division between them…
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15Feb 2021 by Pat Geddie
Do You Need a Lawyer to Draft a Will?

Do You Need a Lawyer to Draft a Will?

Estate Planning
When you decide it’s time to draft a will, it is natural to wonder whether you need to seek help from a Boca Raton estate planning attorney or whether you can handle the matter yourself. A will might seem like a fairly straightforward document, and you can find will forms on the internet, so many people decide to draft one themselves. Unfortunately, this can cause problems for your family members and might fail to properly achieve your estate planning goals. Like any other state, Florida law sets out specific requirements for a valid and legally enforceable will. Once you pass away and your will is submitted to probate, it can be declared invalid by the court if it does not meet these requirements and/or if someone successfully challenges the will.…
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04Jan 2021 by Pat Geddie
Review Your Power of Attorney for 2021

Review Your Power of Attorney for 2021

Estate Planning
A new year offers a great opportunity to take a step back and review your current estate plan and make any necessary changes. This certainly applies to any powers of attorney that you have in place. In the event that you do not have a power of attorney, a new year is a great chance to determine whether you need one and, if so, execute one. To learn more, call a Boca Raton estate planning attorney today. What is a Power of Attorney? Powers of attorney allow you to designate a person to make decisions on your behalf in the event that you are unable to do so yourself. When you execute a power of attorney, you are referred to as the principal, and the person authorized to act on…
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07Oct 2020 by Pat Geddie
Who Should You Choose to be the Personal Representative of Your Estate?

Who Should You Choose to be the Personal Representative of Your Estate?

Estate Planning
Your last will and testament is a critical part of your estate plan. You might be aware that your will allows you to instruct how your property and assets should be distributed after you pass away, which should be carefully considered. Another important consideration when it comes to drafting a will is who you will designate to be the personal representative of your estate. The personal representative is in charge of many tasks when it comes to administering your estate. These include: Locating and notifying beneficiaries named in your will Taking inventory of all property and assets Pay necessary bills as needed during probate Notifying creditors and paying debts Filing taxes Closing accounts Distributing your estate according to your will Closing your estate With the right personal representative, the probate…
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01Sep 2020 by Pat Geddie
Components of a Comprehensive Estate Plan

Components of a Comprehensive Estate Plan

Estate Planning
When many people think of estate planning, they think of writing a last will and testament, commonly called simply a will. While a will is a critical part of any estate plan, it is far from the only document that will benefit you and your family. The following are some documents that are often components of a comprehensive estate plan that accomplishes your goals for the future. Will - A will is a cornerstone of an estate plan, and having a will makes the probate process much easier for your family and beneficiaries. You can use a will to distribute property as you see fit, as well as to name someone who will care for your children should it become necessary. Trusts - Even though a will can distribute your…
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22Jul 2020 by Pat Geddie
Is Your Estate Plan Up to Date?

Is Your Estate Plan Up to Date?

Estate Planning
Thousands of people have unexpectedly become seriously ill or passed away in Florida so far in 2020. In times like these, it is common to wonder what might happen if you passed away. Would your property and family be protected by the estate plan you currently have in place? It is always wise to review and update your estate plan on a regular basis with the help of an estate planning lawyer in Boca Raton. There are several aspects of an estate plan that might need to be updated due to life events or simply due to the passage of time. Some events that might trigger the need for an update include: Marriage or divorce Birth of a child Changes in your other relationships Changes to your property and assets…
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29Jan 2019 by Pat Geddie
Creating a Living Trust in Florida

Creating a Living Trust in Florida

Estate Planning
A living trust is an important part of many comprehensive estate plans. Though there are different types of trusts available, a revocable living trust is the most common. An experienced trust attorney can advise you whether this kind of trust is right for your situation. A trust can have many benefits, the most obvious of which is keeping your assets and property out of probate to save your family members time and money.  But how to create a living trust? Is it complicated? Our lawyers will walk you through every step of the process, but the following is some brief information about creating a living trust in Florida. Draft and execute your trust document - Your trust document provides your instructions for the administration of your trust, including who your…
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15Jul 2018 by Chris Gerspacher
Why Should I Work with an Estate Planning Attorney?

Why Should I Work with an Estate Planning Attorney?

Estate Planning
Estate planning is an important way to plan for the future, regardless of age. In fact, estate planning is a process that even young adults should consider in order to provide for their children or family members should anything unexpected happen. Attempting to do estate planning on your own can be overwhelming, so it is helpful to work with an experienced estate planning attorney who understands Florida state laws. A seasoned attorney can also ensure that all the correct forms are completed, account for all of your assets, and make sure that your wishes are clearly stated in your will and/or trust. An estate planning attorney can also: Establish a durable power of attorney to make medical and financial decisions on your behalf Draft a will and/or trust to outline…
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