Will Attorney in Sarasota

This is a common question that lawyers hear. After all, when a person dies, their surviving family members receive their property. Unfortunately, it’s not that simple. Let’s take a look at the reasons why you should have a will.

Decide Who Receives Your Property Upon Your Death

By having a will, you can save money in several ways, including taking advantage of estate tax laws, reducing or eliminating compensation paid to a personal representative, eliminating court costs associated with determining heirs, eliminating the cost of guardianship proceedings, and eliminating the cost of the court auctioning real estate or other assets.

In addition, crafting a will provides peace of mind that your estate will be handled according to your wishes, thereby protecting your legacy for future generations. Engaging with a qualified Sarasota will attorney ensures that all documents comply with current laws, reducing the chance of disputes or misinterpretations after your passing.

In sum, if you want more control over what happens to your property after you die, and you want to reduce the costs of administering your estate for your loved ones, then, yes, you need a will. Give The Edwards Law Firm a call today to protect your family and your property.

When a person dies, someone designated as the personal representative (commonly referred to as the executor) has to administer the estate. Administering the estate means taking inventory of the assets, paying creditors and taxes, and ensuring that the correct people receive what they are entitled to receive. With a will, you designate the personal representative. Without a will, the court will appoint a personal representative. This may or may not be someone you know and trust.

Do you have minor children? If so, who do you want to be their guardian in the event of your death? Without a will, the court will make that decision. Of course, the court will be guided by the best interests of the children in doing so, but you may have preferred someone different.

Save Money

Without a will, your property is distributed according to the intestacy laws. These are laws that 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.

Furthermore, the intestacy laws make no provision for gifts to charity. What if you would like to make a gift upon your death to an animal welfare group whose cause you believe in? Without a will, you cannot ensure that such a gift will be made.

Designate Who Will Make Important Decisions

Creating a will allows you to take control over who will make important decisions if you pass away. We often tell clients that 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 will manage your estate, handle debts, and distribute property according to your instructions. Without this, the court may appoint someone who doesn’t know your preferences or family dynamics. If you have minor children, your will also lets you appoint a guardian, ensuring their care falls into trusted hands. Without a clear plan, these decisions can become complicated, stressful, and subject to legal disputes. A well-drafted will gives you peace of mind and provides your loved ones with clarity and direction during a difficult time. Let’s make sure your voice guides the process. Connect with a Sarasota will attorney for experienced guidance.

Get the support you need from our skilled will and trusts lawyer in Sarasota at The Edwards Law Firm, PL. Reach out via online form or dial (800) 896-3619 now to book your consultation.

Understanding Florida Trusts

Trusts are an essential part of estate planning that offer flexibility and control over how your assets are managed and distributed. In Florida, trusts can be particularly advantageous because they allow you to bypass probate, which can be a lengthy and costly process. This is crucial in Sarasota, where estate complexities often demand streamlined solutions.

There are various types of trusts available, each serving different purposes, such as living trusts, revocable trusts, and irrevocable trusts. A living trust is established during your lifetime and can be altered as your circumstances change, ensuring that your assets are managed according to your evolving needs. Unlike a will, a trust is private and not subject to public record, offering enhanced privacy for you and your beneficiaries. Consulting with a Sarasota wills and trusts attorney can help you determine which type of trust best aligns with your objectives and family needs.

Florida's Laws Regarding an Executor

Another reason to draft a new will upon moving to Florida is Florida’s laws designating who can serve as the personal representative of an estate. The personal representative (often referred to as the executor) of an estate in Florida must be either a relative or a Florida resident. If the personal representative designated in your current will does not meet Florida’s qualifications, the court will appoint a personal representative. This may or may not be someone you know. Having a personal representative you know better assures that your property will be distributed according to your wishes.

Choosing the right personal representative is a critical decision, as this person will be responsible for executing the provisions of your will and managing your estate through the probate process. A Sarasota will lawyer can help ensure that your designated representative is both eligible and well-prepared to undertake these duties, preventing delays or complications resulting from an unsuitable appointment. Moreover, Florida’s requirements emphasize the need for residency, reinforcing the value of local knowledge and accessibility in managing your estate efficiently.

In sum, there are many important reasons to have a new will drafted when you move to Florida. You want your property to pass according to your wishes with as little expense to your estate as possible. Call The Edwards Law Firm today to obtain a new will that complies with the requirements of Florida law.

Contact a Sarasota wills lawyer at The Edwards Law Firm, PL to Schedule Your Consultation Today, (800) 896-3619.

Frequently Asked Questions

What Happens if I Die Without a Will?

Passing away without a will means your estate will be subject to Florida’s intestacy laws. These laws dictate a predetermined distribution path, usually prioritizing close relatives such as your spouse and children. In the absence of these relatives, the estate might be given to extended family or even revert to the state if no heirs are identified. This underscores the importance of having a will, allowing you to dictate how you want your assets distributed rather than leaving it to predetermined statutes. A will lawyer in Sarasota at The Edwards Law Firm, PL can help draft a will that aligns with both your desires and Florida laws.

How Can a Living Trust Benefit My Estate Plan?

A living trust offers several benefits as part of an estate plan. Primarily, it allows for the smooth transition of assets upon your death without going through the often time-consuming probate process. This can be particularly beneficial in Sarasota, where real estate and other assets can complicate estate proceedings. Additionally, a living trust provides the flexibility to make changes to your beneficiaries or the management of your trust assets while you are alive, ensuring that your estate plan adapts to your changing circumstances.

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

Hiring a local Sarasota attorney for drafting your will is advantageous due to their familiarity with Florida state laws and local court systems. An attorney based in Sarasota is attuned to the nuances that may affect estate planning locally, such as property laws unique to the area. Moreover, a local attorney offers more accessible communication, ensuring that your estate planning aligns with your current life situation and that any necessary revisions are handled swiftly.

The Role of a Sarasota Wills & Trusts Lawyer

Navigating the complexities of estate planning in Florida requires the guidance of a seasoned professional who understands both the intricacies of the law and the nuances of local practices. A Sarasota wills & trusts lawyer provides invaluable assistance in crafting legal documents that reflect your wishes and comply with state laws.

At The Edwards Law Firm, PL, we offer more than just document preparation. Our approach includes comprehensive consultations to understand your unique situation, followed by strategic planning to ensure all aspects of your estate are covered. Whether it’s minimizing tax liabilities or ensuring the smooth transition of assets, our tailored strategies aim to safeguard your legacy. Our commitment to client education means that we take the time to explain each step of the process, empowering you to make informed decisions about your estate.

Connect with an experienced will and trusts attorney in Sarasota without delay. Dial (800) 896-3619 or submit an online form to get started.