Will Attorney in Sarasota

30 Years of Estate Planning Experience, With Board Certified Real Estate Law Knowledge

At The Edwards Law Firm, PL, we’ve served Sarasota-area families for over 30 years, helping clients navigate estate planning, wills, and trusts with the attention those decisions deserve. Sheryl A. Edwards is Board Certified in Real Estate Law by the Florida Bar. This credential adds meaningful depth when an estate includes Florida real property. Because we handle wills, trusts, and real estate transactions under one roof, clients with property in their estates work with attorneys who understand how that property fits into the broader plan.

Every estate plan we draft is tailored to the specific dynamics of your family and the goals you want it to achieve. We take the time to understand your situation before putting pen to paper, so each document reflects your wishes and protects the people who matter most to you. Sheryl A. Edwards has earned over a decade of Super Lawyers recognition, and the firm holds Lawyers of Distinction membership, reserved for the top 10% of attorneys in the United States.

Call The Edwards Law Firm, PL at (800) 896-3619 or contact us online to schedule a consultation with a Sarasota wills and trusts attorney.

Reasons to Create a Will

A lot of people assume their family will simply sort things out after they’re gone. Unfortunately, that’s rarely how it works. Without a will, Florida law, not your intentions, controls what happens to your property. Here’s why that matters.

Decide Who Receives Your Property Upon Your Death

Without a will, your property is distributed according to Florida’s intestacy laws. These statutes give priority first to a surviving spouse, then to descendants, parents, siblings, and lastly to other family members. What if you want your siblings to receive your property instead of your adult child? What if you want your cousin to receive a special family heirloom instead of your spouse? Without a will, you have no say in how your property passes. And intestacy laws make no provision for charitable gifts. Any gift you intended for an animal welfare group or other cause simply won’t be made.

Designate Who Will Make Important Decisions

A will isn’t only about dividing assets. It’s also about protecting your wishes. You can use a will to name a personal representative (executor) who can manage your estate, handle debts, and distribute property according to your instructions. Without one, the court may appoint someone who doesn’t know your preferences or family dynamics.

If you have minor children, a will lets you appoint a guardian, helping place their care in trusted hands. Without a clear plan, these decisions can become complicated, stressful, and subject to legal disputes. Connect with a Sarasota will attorney for experienced guidance.

Save Money

A properly drafted will can reduce the costs your family faces after you’re gone. It can eliminate or minimize court costs associated with determining heirs, guardianship proceedings, and court-supervised asset auctions, and it can reduce the compensation paid to a personal representative. A will also opens the door to estate planning strategies that simply aren’t available when someone dies intestate. If you want more control over what happens to your property and want to reduce the burden on your loved ones, a will is where that planning starts.

Contact The Edwards Law Firm, PL online or call (800) 896-3619 to schedule your consultation with a Sarasota wills and trusts attorney.

Beyond the Will: A Complete Estate Plan

A last will and testament directs how your probate assets are distributed after death. It doesn’t govern what happens if you become incapacitated during your lifetime. A comprehensive estate plan typically includes additional documents, each addressing a gap the will alone can’t fill.

• Durable Power of Attorney: Designates someone to handle financial and legal matters on your behalf if you’re unable to act for yourself.
• Healthcare Surrogate Designation: Names a person to make medical decisions on your behalf when you can’t make them yourself.
• Living Will (Advance Directive): Sets out your wishes for end-of-life care, including whether you want life-prolonging measures if there is no reasonable probability of recovery.

Florida law treats each of these documents separately. Having one doesn’t substitute for the others. At The Edwards Law Firm, PL, we guide clients through the full set of estate planning instruments, tailoring each plan to the client’s family structure and asset profile, including clients with Florida real property, business interests, or out-of-state ties.

Understanding Florida Trusts

Trusts work alongside a will to give you greater flexibility and control over how your assets are managed and transferred. In Florida, one of their most practical advantages is probate avoidance.

A revocable living trust is established during your lifetime, can be amended or revoked at any time, and allows assets to pass to beneficiaries without going through probate. Revocable trusts in Florida are governed by Chapter 736 of the Florida Statutes, the Florida Trust Code. Unlike a will, a trust isn’t filed with the probate court and isn’t a public record, providing meaningful privacy for you and your beneficiaries. An irrevocable trust transfers assets out of your estate entirely. Once established, its terms generally can’t be changed, but it can offer possible tax and asset protection advantages worth discussing with counsel. Trusts are especially practical for clients with real property, investment accounts, or assets in multiple states. In these situations, a will alone would require separate probate proceedings in each state. We handle trust drafting and counsel clients on which structure fits their goals and family situation.

Florida’s Personal Representative Eligibility Rules

One important reason to draft or update a will after moving to Florida is the state’s rules on who can serve as personal representative of an estate. Under Florida Statutes §733.302 and §733.304, a nonresident can only serve in that role if they are a spouse, sibling, uncle, aunt, nephew, niece, or lineal relative of the decedent, or the spouse of someone who qualifies on that basis. An unrelated nonresident cannot serve as personal representative in Florida, regardless of what the will says. If the person named in your current will doesn’t meet Florida’s qualifications, the court may appoint someone in their place. That person may be a stranger to your family.

Choosing the right personal representative is a critical decision. This person can be responsible for executing your will and guiding your estate through the probate process. We can help ensure your designated representative is eligible under Florida law and prepared for the role. We also advise clients relocating to Florida on updating existing wills to comply with Florida’s requirements, including these eligibility rules.

Frequently Asked Questions

What Happens if I Die Without a Will?

Without a will, your estate is distributed according to Florida’s intestacy laws, which follow a fixed priority order: surviving spouse, then descendants, then more distant relatives. Assets would only revert to the state if no heirs could be identified. You lose the ability to direct property to specific people, make charitable gifts, or name a personal representative of your choosing. A wills and trusts attorney at The Edwards Law Firm, PL can draft a will that aligns with your wishes and complies with Florida law.

How Can a Living Trust Benefit My Estate Plan?

A living trust allows assets to transfer to beneficiaries without going through probate and remains a private document rather than a public record. You can amend it at any time during your lifetime as circumstances change. Trusts are especially practical when an estate includes Florida real property or out-of-state beneficiaries, where a will alone could require probate proceedings in multiple states.

Why Should I Hire a Local Sarasota Attorney for My Will?

A local attorney is familiar with Florida’s specific execution requirements, personal representative eligibility rules, and local probate court procedures. In Sarasota, where real property is a common and often significant estate asset, working with an attorney who understands Florida property law, including how real property is titled and transferred, can make a meaningful difference in how smoothly an estate is administered.

The Role of a Sarasota Wills & Trusts Lawyer

Estate planning in Florida involves more than filling out forms. A will that isn’t validly signed and witnessed under Florida’s formal requirements may be rejected by the probate court, which means getting the execution right matters as much as getting the substance right. A Sarasota wills and trusts attorney helps address both.

At The Edwards Law Firm, PL, we begin with a thorough consultation to understand your family, your assets, and what you want your plan to accomplish. Because we handle wills, trusts, and probate together, you work with the same attorneys from the planning phase through estate administration if it becomes necessary. Our Board Certified Real Estate Law background adds depth when estates include Florida real property. This is a common situation for Sarasota-area families. With over 30 years serving the Sarasota area and over a decade of Super Lawyers recognition, we bring the experience and the personal attention that estate planning requires.

Ready to put a plan in place? Call The Edwards Law Firm, PL at (800) 896-3619 or submit our online form to schedule your consultation.