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Estate planning can be described as a game plan you implement for the management of your assets during your lifetime, and for distribution of the remaining assets to your intended beneficiaries after your death, with as few taxes and costs as possible. With thoughtful planning, you can live your best life by design now, while preserving assets to benefit your loved ones for years to come.
Standard Estate Planning Package
For Small & Medium Estates
Last Will & Testament
A Last Will and Testament or “Will” is a legal document that outlines (a) how you would like your assets divided and distributed upon your death; (b) your wishes for your funeral or other final disposition of your remains; (c) the selection of a guardian for your minor children or disabled dependents; and (d) a designated Personal Representative, or Executor to administer your Will. Chapters 733 and 732, Florida Statutes.
Separate Writing
A Separate Writing in estate planning refers to a document that is referenced in your will and contains instructions for the distribution of certain personal property. This document is executed separately from the will but is intended to be read in conjunction with it. This document can detail specific bequests of items, allowing the testator to make changes without having to rewrite the entire will. The purpose of a Separate Writing is to provide flexibility in making changes to certain aspects of an estate plan without the need to formally amend the entire will. Chapter 732.515, Florida Statutes.
Durable Power of Attorney
A Durable Power of Attorney is a written document by which one person as the “principal” appoints another as his or her agent (the “attorney-in-fact”) and confers upon him or her the authority to perform certain specified acts or kinds of acts on behalf of the principal. A “durable general” power of attorney is a general power of attorney with durability language and is exercisable as of the date of execution. The agent’s authority continues until the agent dies, becomes incapacitated, resigns, or is removed by the court. In addition, the power of attorney is suspended upon the filing of a Petition to Determine Incapacity, and generally remains suspended until there is an adjudication. Chapter 709.08, Florida Statutes.
Health Care Power of Attorney & Advance Directives
Every competent adult has the fundamental right of self-determination regarding decisions pertaining to his or her own health, including the right to choose or refuse medical treatment or procedures which would only prolong life when a terminal condition exists. Because each adult approaches health care decision-making differently, this document should clarify your individual values and goals for treatment so that your health care agent, as well as health care providers, will implement them when the time comes. Chapter 765, Florida Statutes.
Guardianship Affidavit
This document allows individuals to designate a guardian for their minor children in the event of their incapacity or death. With a guardianship affidavit, parents select a trusted individual to assume legal responsibility for their children on a short-term basis until custody is determined. This is a proactive measure to ensure that your wishes are honored and that your children are cared for by someone you know and trust. Chapters 39, and 744, Florida Statutes.
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Need just one or two of the documents mentioned in our Standard package?
Need just one or two of the documents mentioned in our Standard package?
No problem! We offer unbundled legal services so you can fill any gaps in your estate documentation.
We also offer our clients secure document storage; access to our registry of vetted & certified legal, tax and other professionals; and price reduction for new contracts.
In this particular area of law, it often becomes necessary to retain the services of an investigator in order to locate missing family members, potential heirs, beneficiaries, or to search for assets. For this service, we recommend our preferred professionals at Crossroads Investigations - Telephone 1 (866) 691-6574.
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