Estate Planning and Probate

Fort Lauderdale Family Estate Planning
Many people do not like to think about planning their estate.  While this is understandable, it is not advisable.  In the absence of appropriate estate planning, your estate will be distributed by the courts accordingly to Florida’s laws of intestancy.  The result of this disposition of your estate may not be what you wish for and can often lead to significant infighting among your family.  An effective estate plan will enable you to have your estate administered as you desire, can provide for your quality of life after retirement, your health care choices and even the protection of your minor children should you be unable to care for them.

Last Will and Testament
A last will and testament is one part of an effective estate plan.  It will state your desire for how you wish for your property to be distributed upon your death.  This distribution can be among family, friends and even charitable or preferred organizations.  You can also designate in your will your preference for a guardian of your minor children in the event they are orphaned.

Trusts
Trusts can be used to serve a variety of legal, financial and tax purposes.  What form of trust and the terms of the trust will vary depending upon your financial circumstances and the purpose you are seeking your trust to serve.  Trusts are generally administered by a trustee, and not the courts.  They can therefore be a useful tool in avoiding the probate of your assets and help keep your personal financial affairs private.  Trusts can be used to avoid creditors as well as provide for management of the asset in the trust for the beneficiaries of the trust.

Advanced Directives
Advanced directives are series of documents that set forth your desires as to how your medical and health care decisions are to be handled and by whom in the event you are unable to communicate these decisions for yourself.  A health care surrogate is the individual you designate to make your medical decisions in the unfortunate event that you are unable to do so yourself.  A preneed guardian designation lets the courts know who you wish to care for you and your finances in the event of your incapacity.  Give yourself the peace of mind have a say in who makes these decisions if you cannot.

Probate 
Probate refers to the legal process for the distribution of the assets of your estate not otherwise controlled by you estate planning documents.  A personal representative is appointed to administer your estate under the control of the probate court.  You can designate your desired personal representative in your will.  Often the personal representative will be able to administer your estate without much oversight from the court.  However, the court can when necessary supervise the administration of your estate.  There are many tools that can be used to avoid probate and you should carefully consider your options by speaking to an experience estate planning attorney.

Estate Planning When Going Through Divorce
It is not uncommon for your desires for your estate planning to change as a result of going through a divorce.  You may no longer wish for your spouse to be a beneficiary of your estate, act as the personal representative or otherwise play a role in the administration of your estate.  It is therefore imperative to review your estate plan, or establish one, when you are going through any of life’s tough transitions.

To review your estate plan, or to establish one, feel free to contact the Hymowitz Law Firm at (954) 228-3002 or use our contact form to speak to a family law expert about your case.

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