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WILLS, TRUSTS AND PROBATE

A properly-prepared will or trust is a vital document that will make your final wishes about your affairs perfectly clear. Will or trust is a guide that can be used when you are not able to speak for yourself, especially after your death.

A will in Florida will automatically send your affairs into probate court, but there are other affairs that can be handled outside of probate court, through the use of a trust.

Drafting Your Will or Updating Your Will

Without a will, your estate may be inherited by people you do not wish to have your belongings. Decisions about your family, particularly your children, will be decided by others or the courts, and these decisions may be contrary to your own choices.

An experienced attorney like Theodore Kaufman, Esq. can put together a complete package of documents, or update your existing will or trust, so that the right people manage your affairs in the event you are incapacitated or when you have died.

The Trust Versus the Will

When you designate beneficiaries of your estate, that typically is done with a will. However, if you wish to avoid sending specific assets to the probate court, you will want to use a trust. Trusts can be an effective way to immediately distribute certain assets to your appointed heirs, without the lengthy proces of probate.

In Florida, probate can be completed in as little as nine months, but it may take considerably longer if there are complicated issues surrounding the will or if the will is contested. A trust avoids these shortfalls and delays of a will.

The following documents should also be prepared, so that your wishes are clearly known:

Durable Power of Attorney ⇒

Pre-Need Guardianship ⇒

Appointment of a Health Care Surrogate ⇒

 

Last Will and Testament


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