Every adult needs to make plans for the future, including having a detailed outline of what should happen to your estate after you pass on. A combination of legal documents – known as an estate plan – can help you to retain control over these processes. An estate plan can include many components and you can use these documents to assign property after death, provide for the care of a loved one, and retain control over a family business or other company holdings.
A South Miami estate planning lawyer will be able to help you form a plan that meets your specific needs and will be legally binding. The team at The Florida Probate & Family Law Firm can offer clarity on your current situation, identify what you anticipate happening in the future, and provide protection against unforeseen circumstances.
What is Discussed in Estate Plans?
Effective estate planning must center on the needs of individuals. As a result, the first step always involves meeting with the estate owner to understand their needs and what they hope to accomplish. Common topics that may be addressed in an estate plan include:
- Ensuring that property goes to designated heirs after death;
- Providing for the long-term care of children or adults with disabilities;
- Supporting a charity;
- Protecting business interests;
- Planning for a potential future injury or illness.
A variety of estate planning options exist to address these concerns, such as wills, trusts, powers of attorney, living wills, and business succession plans. An estate planning attorney in South Miami could work with you to identify assets, uncover vulnerabilities, and suggest options to help retain control over the future.
Drafting Documents to Form an Estate Plan
An estate plan is only as effective as the documents it is written in. In order to prevent complications in the future, estate planning documents must both be as specific and clear as possible while meeting the relevant legal requirements.
It is essential to name all assets (including cash, pensions, real estate, and physical property) and beneficiaries with as much specificity and clarity as possible, so that there is no room for different interpretations of its meaning. A clear and concise estate plan must inform these beneficiaries of their rights and prevent arguments concerning the intent or mental capacity of the client that could overrule a will or trust.
By following Florida’s laws concerning official documents, you can help make them stand up to scrutiny in court. For instance, Florida Statute § 732.502 says that all wills should be made in writing and should contain the signatures of two witnesses who observe the testator sign the document. Similar rules exist concerning the formation of trust, powers of attorney, and other common estate planning documents. A South Miami lawyer can use their knowledge of estate planning law to ensure that all documents contain the necessary provisions that will allow it to be implemented in the future.
Let a South Miami Estate Planning Attorney Protect Your Future
Estate planning requires a full examination of your present assets in order to properly protect your future. Your goals may include transferring assets to heirs, protecting a business, retaining undivided property in your family, or creating instructions for future medical care. A comprehensive estate plan could achieve all these goals and more.
A South Miami estate planning lawyer is ready to speak with you during a free consultation and begin putting a plan into action. Once you come to a decision about your estate, they can draft the necessary documentation to give your wishes the intended legal effect. Contact The Florida Probate & Family Law Firm and set up a time to go over your intended estate plans.