Weston Estate Planning Attorney

Should I Plan My Estate Now?

Recent times have shown us more than ever the importance of having a Will, Trust and Estate Plan put together. Nobody wants to think about leaving behind their loved ones, so there is often a hesitation to establish an estate plan because it forces us to face a reality we don’t like.

The incredible gift of an estate plan, however, is not only the peace of mind it can bring you but also the peace it can bring to your surviving family and loved ones. When you create an estate plan yourself, you can be confident about getting your affairs in order the way you’d like, and you can alleviate so much stress and strife for your family and loved ones after your death.

1.   Putting your Estate Plan Together can Help your Loved ones Grieve

Thoughtfully putting a Florida estate plan together allows your family the opportunity to grieve and spend more time together, as they won’t need to spend so much time figuring out what to do with your estate, home, assets, etc.

While it’s not a pleasant thought, putting your estate plan together can eliminate any bickering among relatives and it can also help ensure the people you want to get certain assets do, and perhaps certain people you do not want to get certain assets don’t.

2.   Everyone Loses with Probate: Don’t Leave Your Estate Up for Grabs

If someone dies without an estate plan in Florida, it is known as “dying intestate.” If someone dies “intestate,” everything in their estate is subject to probate.

Probate is a court-supervised process which identifies all assets of the person who died, pays off any and all outstanding debts, and then distributes any remaining assets to beneficiaries according to Florida state law and a judge’s discretion. The probate process can be long, grueling and expensive. Your family and loved ones could spend a large portion of their inheritance on court costs and attorneys fees alone.

An estate plan, however, can help use the law as a shield to protect your assets from probate. This can also help save your family from any additional heartache.

3.   A Will Alone Doesn’t Protect Your Assets & Loved Ones from Probate

A Florida will is often viewed as the “golden ticket,” when it comes to planning for the future and protecting and distributing our assets. A will on its own, however, guarantees there will be the Probate Process for your loved ones.

People often have the misconception that if their assets are below a certain level, a will can protect them from Probate, but that is not the case. A will cannot protect your assets from Probate in Florida.

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