You may start the estate planning process during your life so it can continue long after your passing. Because no two individuals are alike, estate planning must accommodate a range of different needs. Careful estate planning involves understanding your limitations, as well as planning for possible incapacitation and guardianships in the future. This process may involve asset and property distribution, as well as saving on administrative expenses, probate, and taxes.
An Orlando estate planning lawyer from Bogin, Munns & Munns may be able to manage these tasks, and more, on your behalf. Our mission is to protect our client’s rights consistently. Call now to get started.
Common Types of Orlando Estate Planning Tools
Our Orlando commercial law lawyers may be able to utilize a variety of estate planning tools and resources for your estate. These tools may include:
- End-of-life directives: This tool includes living wills and other documentation. A living will outlines your preferences regarding medical treatments in case you become incapacitated and unable to communicate your wishes. Advanced directives provide further instructions for healthcare providers and family members about how to handle critical medical situations. Without these documents, medical decisions may fall to family members who may not know your preferences, leading to potential conflicts and legal complications.
- Health care surrogacy: These documents outline the individual who can make final medical decisions on your behalf.
- Irrevocable or revocable living trusts: Setting these up might help surviving family members avoid probate.
- Marital agreements: This documentation may offer protection regarding a surviving spouse’s rights.
- Power of attorney: At a time of incapacitation, this document stipulates who can act in your place. A power of attorney can be either general or limited, and it may cover financial decisions, legal matters, or healthcare choices. A durable power of attorney remains in effect even if you become incapacitated, ensuring that your chosen representative can continue handling your affairs without court intervention.
- Pre-need guardianship documents: Outlining details ensures that you are choosing a future guardian.
- Special needs planning: Our firm can use appropriate estate planning tools for your special needs, such as trusts.
- Succession planning: Taking these steps may protect a family business.
Additional Areas of Orlando Estate Planning
In addition to the tools and resources above, our team can focus on:
- Family-owned businesses and farms: Preserving your family business or farm may be a priority after spending years building it up. Our firm understands the struggles and sacrifices you made to ensure your business is successful. Estate planning may help protect your business or farm from uncertainties, legal or otherwise.
- Legacy planning: Creating an estate plan is more than protecting assets. It may also involve the preservation of family heirlooms, stories, messages, and other invaluable assets.
- LGBTQ community estate planning: As of January 2015, same-sex marriages have legal recognition in the state of Florida. We understand the unique estate planning needs of the LGBTQ community, and our firm is committed to ensuring that all clients are in charge of their future.
Our lawyers can also help with life insurance and estate planning. Life insurance plays a vital role in estate planning, offering financial security for your loved ones after your passing. It can help cover funeral costs, outstanding debts, and estate taxes while also ensuring financial stability for beneficiaries.
It’s also helpful for smooth transitions of business ownership, as well as setting up a policy for surviving minor children or heirs with special needs. By integrating life insurance into your estate plan, you can help safeguard your family’s future and reduce potential financial burdens.
About Wills and Probate in the State of Florida
Florida Statute § 732.503 details governance for self-proving wills for Florida residents. According to that statute, for a will to be considered self-proving, an affidavit must be included.
This makes the probate process much easier, as the court can accept the will without requiring extra proof. Without a self-proving will, a personal representative or lawyer must go through additional legal steps, which can be time-consuming and complicated. Having a self-proving will helps avoid delays and ensures your wishes are carried out smoothly.
If a loved one passes without one, their estate may face probate litigation. Our team at Bogin, Munns & Munns can guide beneficiaries and representatives through this process to reduce stress and legal hurdles.
Probate Court Representation
Probate court is the legal process of settling an estate after someone passes away. If a will exists, the court ensures it is valid and oversees the distribution of assets. If no will exists, Florida intestacy laws determine how the estate is handled. Our Orlando estate planning attorneys can assist clients in managing probate court by:
- Representing executors and personal representatives to fulfill their legal duties.
- Assisting heirs and beneficiaries with inheritance claims and disputes.
- Resolving will contests if family members challenge the document’s validity.
- Handling creditor claims and ensuring debts are appropriately settled.
Probate can be a lengthy and complex process, especially if disputes arise. Our firm works diligently to streamline the process, ensuring assets are distributed as intended while minimizing unnecessary delays and expenses.
Common Misconceptions Regarding Orlando Estate Planning
One of the most common misconceptions regarding Orlando estate planning is that it is only available to wealthy or aging Orlando residents. While this might be true for some circumstances, estate planning situations can also involve health or other medical issues.
That means your estate plan may outline individuals that you are giving the authorization to act on your behalf when it is appropriate. This guidance also extends to making your choices known regarding healthcare and medical treatment if specific circumstances arise.
Estate plans are also beneficial because they may allow you to:
- Organize plans for the smooth transition of assets after you pass
- Prevent any assets from experiencing any court tie-ups
- Protect the continuation of ownership and operations for your family’s business
- Provide funds to charities, as well as your children and spouse
Turn to Bogin, Munns & Munns for Your Estate Planning Needs in Orlando
The lawyers at Bogin, Munns & Munns understand how to handle your estate planning situation. An Orlando estate planning lawyer from our firm may be able to begin working with you on an estate plan now.
Our team is ready to guide you through each step of the estate planning process. We may be able to help you:
- Avoid estate litigation by clarifying ambiguities ahead of time
- Anticipate consequences of any details that are out of order in the will or other areas of estate planning
- Interpret state rules that could apply to the estate
- Strategize estate planning techniques to ensure no mistakes occur
Because there are often many questions and concerns regarding estate planning, we invite you to schedule a consultation right away.
Our Orlando Estate Planning Team Can Help You Handle This Stressful Process
Estate planning can be stressful. Whether you’re drafting a will or contesting the actions of an executor of an estate, you can find yourself in a tough spot with some of your family members. If you recently lost a loved one, this can make the estate planning process even more emotionally taxing.
You don’t have to handle all this on your own. Our Orlando, FL, estate planning attorneys can help you. We can handle your case and communicate with the involved parties on your behalf. This way, you can get back to your life and family.
Call Bogin, Munns & Munns Today for Help from an Orlando, FL, Estate Planning Attorney
Achieve peace of mind by taking steps toward creating an estate plan. The Bogin, Munns & Munns team is available to help. An Orlando estate planning lawyer from our firm may be able to protect your estate by creating your estate plan and avoiding probate. Contact our team right away, so we can review your case today.