ESTATE PLANNING

While online forms are legal in Florida, they are not recommended for most individuals. Florida has unique laws governing homestead property, elective shares for surviving spouses, and the execution requirements for wills and trusts. A form that fails to account for these can be invalid, contested, or fail to achieve your goals. An estate planning attorney ensures your documents are legally sound, properly executed, and tailored to your specific family and financial situation.

Estate-planning fees depend on the documents and planning involved. Relevant factors may include family circumstances, real estate, business ownership, beneficiary planning, tax considerations, asset-protection goals and whether a trust must be funded. A will-based plan may require less work than a plan involving multiple trusts or business-succession documents. Before retaining counsel, ask for a written explanation of the fee arrangement, included services and any separate filing, recording or third-party costs.

A Florida will generally directs the disposition of probate assets after death and may nominate a personal representative and guardians for minor children. A revocable living trust can hold and manage assets during life and direct their distribution after death. Assets properly transferred to the trust may avoid probate, but assets left outside the trust can still require probate unless another non-probate transfer method applies. A trust is not automatically better for everyone; the appropriate structure depends on the client’s assets, family, privacy concerns and goals.

If you die without a valid will in Florida, your estate is subject to Florida's intestacy laws. These laws distribute your assets based on a fixed formula typically to a spouse, then children, then more distant relatives regardless of your actual wishes. Unmarried partners receive nothing. Charities you intended to support receive nothing. If you have children from multiple relationships, the distribution may not reflect your intentions. Additionally, without a will designating a guardian, a court will appoint one for your minor children.

Any adult over 18 who has assets, a bank account, a car, or dependents should have at minimum a will, power of attorney, and healthcare surrogate designation. If you own real property, have significant savings, or have children, a living trust is strongly recommended. Many South Florida retirees update their plans after a major life event but the ideal time to create your first plan is as soon as you have anything to protect.

Yes. A revocable living trust and most estate planning documents can be updated at any time while you are alive and have mental capacity. We recommend reviewing your plan every three to five years and after any major life event: marriage, divorce, birth of a child or grandchild, death of a beneficiary, significant change in assets, or move to a new state.

Florida does not currently impose a separate state estate tax or inheritance tax. Federal estate and gift-tax rules may still apply, and the federal exemption, rates and planning opportunities can change. The rules in effect at the relevant time, the value and ownership of assets, prior taxable gifts and portability elections may all matter. Clients with substantial estates or complex assets should obtain current legal and tax advice rather than relying on an older exemption figure.

A Florida Healthcare Surrogate Designation (also called a healthcare proxy) is a legal document that designates a trusted person to make medical decisions on your behalf if you are incapacitated and unable to communicate your wishes. Without one, healthcare providers are required to follow a statutory hierarchy to determine who can make decisions for you and that person may not be who you would choose. Every adult in Florida should have this document.

Florida's homestead law is one of the most protective in the country and one of the most complex for estate planning purposes. Your primary residence is protected from most creditors during your lifetime. However, Florida restricts how homestead property can be devised (left) upon death. If you have a surviving spouse or minor children, you cannot freely leave your homestead to someone else without their consent. A Florida estate planning attorney must account for these rules when drafting your plan.

No. A revocable trust may help assets pass outside probate only when the assets are properly transferred to or coordinated with the trust. Assets left outside an otherwise valid trust may still require probate administration. Source: The Florida Bar, Consumer Pamphlet on Revocable Trusts. This information is general and is not legal advice.

If you need a Will or Trust in Pompano Beach, Florida, an estate planning attorney can help you create documents tailored to your family, assets, and wishes.At Bechert & Associates, P.A., we help individuals and families in Pompano Beach and throughout South Florida prepare comprehensive estate plans designed to protect what matters most.What Can an Estate Planning Attorney Prepare?Depending on your needs, an estate plan may include:Last Will and TestamentRevocable Living TrustDurable Power of AttorneyLiving WillDesignation of Health Care SurrogateOther documents appropriate for your individual circumstancesEstate planning isn't just about deciding who receives your property after you die. A thoughtful plan can also address who manages your affairs if you become incapacitated, who can make health care decisions for you, and how your assets should ultimately pass to the people you choose.Do I Need a Will or a Trust?That's one of the most common questions we hear—and the answer depends on your individual circumstances.A Will allows you to state how you want certain property distributed after your death and designate the person you want to administer your estate.A Revocable Living Trust may offer additional planning opportunities, including management of assets during incapacity and potentially allowing properly funded trust assets to pass outside of probate.Some people need a Will. Others may benefit from a Trust. Many comprehensive estate plans use both.The right choice depends on factors such as your assets, real estate, family circumstances, beneficiaries, and long-term goals.Why Work With a Pompano Beach Estate Planning Attorney?Online forms can provide documents.Estate planning is about making sure those documents actually work together.An estate planning attorney can help identify issues you may not have considered, explain your options under Florida law, properly coordinate your Will or Trust with the rest of your estate plan, and help you avoid leaving unnecessary uncertainty for your family.At Bechert & Associates, P.A., our goal is to make estate planning understandable and approachable—not overwhelming.When Should I Create or Update My Estate Plan?You should consider creating or reviewing your Will and Trust if you:Recently moved to FloridaPurchased a home or other real estateGot married or divorcedHad a child or grandchildOwn a businessHave minor childrenHave an older estate plan that hasn't been reviewed recentlyExperienced a significant change in your financesWant to change a beneficiary or the person responsible for handling your affairsSimply haven't created an estate plan yetYou don't have to wait for a major life event.If you don't know what would happen to your property or who could make important decisions for you tomorrow, now may be a good time to review your plan.Looking for a Wills and Trusts Attorney in Pompano Beach?Bechert & Associates, P.A. provides estate planning services from our Pompano Beach office and assists clients throughout South Florida.Whether you're starting your first estate plan, need to update documents created years ago, or aren't sure whether you need a Will, Trust, or both, we can help you understand your options.Protect Your Family. Protect Your Wishes. Plan Ahead.Call Bechert & Associates, P.A. at 954-941-8363 to schedule an estate planning consultation.You can also visit SouthFloridaAttorney.com to contact our office online.This information is provided for general educational purposes only and is not legal advice. Estate planning needs vary based upon individual circumstances.

Do I Need a Will or Living Trust in Florida?One of the most common estate planning questions is:“Do I need a Will, a Living Trust, or both?”The answer depends on your family, the property you own, how you want that property distributed, and how much control you want over what happens if you become incapacitated or pass away.For many Florida residents, a Last Will and Testament is an important foundation of an estate plan. For others, a Revocable Living Trust may provide additional benefits.And in many cases, a comprehensive estate plan includes both.What Does a Will Do in Florida?A Last Will and Testament allows you to provide instructions about how certain property should be distributed after your death and designate the person you want to administer your estate.A Will may also address important issues such as your preferred guardian for minor children.However, having a Will does not automatically avoid probate.A Will generally provides instructions for the probate process—it does not eliminate the process itself.What Is a Revocable Living Trust?A Revocable Living Trust is a legal arrangement you create during your lifetime.You can generally serve as your own trustee while you are alive and capable, maintain control of the assets held in the trust, and amend or revoke the trust during your lifetime.You can also designate a successor trustee to manage trust property if you become incapacitated or after your death.After your death, assets that were properly transferred into the trust can generally be administered according to the trust's terms without those particular assets passing through probate.That last part is important:Creating a trust is only part of the process. The trust must also be properly funded.Will vs. Living Trust: What's the Difference?A Will may be appropriate if you want a relatively straightforward estate plan and don't have circumstances requiring more extensive trust planning.A Revocable Living Trust may be worth discussing if you:Own Florida real estateOwn property in more than one stateWant to reduce the amount of property passing through probateWant greater continuity in managing assets if you become incapacitatedWant additional control over how and when beneficiaries receive an inheritanceHave minor children or beneficiaries who should not receive an inheritance outrightHave a blended family or more complicated family circumstancesWant a more comprehensive plan for managing significant assetsA trust is not automatically better simply because you have substantial assets, and a Will is not automatically sufficient simply because your estate seems straightforward.The right plan depends on your circumstances.If I Have a Living Trust, Do I Still Need a Will?Often, yes.People with Revocable Living Trusts commonly also have what is known as a Pour-Over Will.Why?Because it's possible to die owning property that was never transferred into your trust.A Pour-Over Will can direct certain remaining probate assets into the trust after death, where they can ultimately be administered according to the trust's terms.This is one reason estate planning should be viewed as a coordinated plan rather than a collection of individual documents.Does a Living Trust Avoid Probate in Florida?A properly created and funded Revocable Living Trust can help keep assets owned by the trust from passing through probate.But simply signing a trust document does not automatically move everything you own into the trust.Real estate, financial accounts, business interests, and other appropriate property may need to be transferred, retitled, or otherwise coordinated with the trust.Other assets may pass outside probate through mechanisms such as beneficiary designations or particular forms of ownership.That's why the better question isn't simply:“Do I have a trust?”It's:“Is my entire estate plan structured correctly?”What Happens If I Don't Have a Will or Trust?If you die without a valid Will in Florida, Florida's intestacy laws may determine who inherits probate property that is not otherwise transferred.That means the law—not necessarily your personal wishes—can determine who receives those assets.Estate planning gives you an opportunity to make those decisions yourself.Don't Forget About Incapacity PlanningA Will and Trust are only part of a comprehensive estate plan.You should also consider what would happen while you are alive if an accident, illness, or incapacity prevented you from handling your own affairs.Depending on your circumstances, your Florida estate plan may also include:Durable Power of AttorneyLiving WillDesignation of Health Care SurrogateOther appropriate advance directivesEstate planning isn't only about deciding who gets what when you die.It's also about determining who can help you when you're still alive but unable to make or communicate important decisions yourself.So, Do You Need a Will or a Living Trust in Florida?There isn't a one-size-fits-all answer.You may need a Will.You may benefit from a Revocable Living Trust.You may need both.The best way to know is to have an estate planning attorney review your assets, family circumstances, beneficiaries, and goals and explain which structure makes sense for you.Not Sure Where to Start?Bechert & Associates, P.A. helps individuals and families create Florida estate plans designed around their individual circumstances.Whether you're creating your first estate plan, updating documents you prepared years ago, or wondering whether it's time to establish a Living Trust, we can help you understand your options.Call Bechert & Associates, P.A. at 954-941-8363 or visit SouthFloridaAttorney.com to schedule an estate planning consultation.You don't need to know which documents you need before you call us.That's what the consultation is for.This information is provided for general educational purposes only and is not legal advice. Estate planning needs and probate consequences vary depending upon individual circumstances and how assets are owned and titled.