Daytona Beach Wills Lawyer

Daytona Beach Wills Attorney

Estate planning is an important part of life. None of us knows what the future may hold. Preparing in advance for your family’s well-being is paramount. A Daytona Beach wills lawyer can help you craft a will and estate plan that will give you peace of mind and a clear understanding of how your assets will be distributed in the event of your death or incapacity.

Florida probate laws are complex. A Daytona Beach estate planning lawyer who knows the court system and state and county laws can advise you on the right course of action for your situation. A will is usually the first step to help ensure the courts honor your wishes, but it’s only part of a comprehensive estate plan. At The Preston Law Firm, we have over 50 years of experience in estate law and have helped thousands of clients plan for their legacy.

Why You Need a Will in Florida

More than 75% of Americans do not have a will. Whether due to the daunting nature of estate planning or the incorrect belief that they do not have enough assets to necessitate a will, many people die intestate, which means that without a valid will, their closest living relatives will inherit their estate under Florida’s laws of succession.

Without a will, the arduous, time-consuming process of probate will be necessary to investigate any claims to the estate and distribute assets. Most people want to ensure that their assets and property are inherited by those they hold dear. Dying without a will leaves such heartfelt, emotional decisions to the law, potentially leading to conflict between relatives and unnecessary hardship.

What a Will Protects

A will in Florida provides clear direction to the courts about how you wish your assets and property to be divided in the event of your death or incapacity. It’s important that this document meets all specific Florida legal requirements for a will to be considered valid. A will also allows you to appoint a personal representative, called an executor, who will ensure that your wishes are carried out and all assets are distributed to the named beneficiaries in your will, and that any outstanding debts are settled by the estate.

If you are the parent of a minor child or the guardian of a disabled individual, a will is essential. In your will, you can nominate a guardian to care for your children, and also establish a trust to help protect and manage assets to benefit your children and/or a disabled beneficiary.

If you are a parent with minor children, dying without a will means that decisions about guardianship are left to the courts. A will is crucial to ensure that your children are protected and their financial needs are met.

If I Die Without a Will, What Happens?

If you die without a will in Florida, intestacy laws declare that your estate will be divided among your closest living relatives, following the schedule established by Florida Statutes Chapter 732. This schedule may not align with your final wishes.

For example, if you are married at the time of your death, your surviving spouse will inherit everything. However, if you have children from a previous marriage, your current spouse will receive half of your estate after death, with the remainder going to your descendants from the prior marriage.

Florida laws of intestate succession are firm, and the probate courts have final jurisdiction. Having a will can help guarantee that your wishes are carried out in the way you intend.

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Why Hire a Wills Lawyer?

Your family’s future is too precious to be left to chance. When you hire a wills lawyer in Daytona Beach, Florida, they can help you understand estate laws in Florida and how your will can serve as an important tool for designating beneficiaries and distributing your hard-earned assets. At The Preston Law Firm, we have a proven record with the Seventh Judicial Circuit Court for Volusia County probate court system and decades of dedicated experience in Florida estate law.

When you consult with us, we will discuss all aspects of your estate and develop a comprehensive plan tailored to your needs.

FAQs

What Is the Average Cost for a Lawyer to Prepare a Will in Florida?

The cost of preparing a will in Florida depends on the value of the estate and the complexity of the will. Simple wills prepared by an attorney are very affordable, whereas a full estate plan, including trusts and other necessary documents, will usually cost more. However, comprehensive advance planning can prevent losses and costly mistakes later, easing your worries over the future and your family’s burden.

How Do I Avoid Probate?

Having a will is a vital aspect of avoiding a lengthy probate process, but the probate courts in Florida must still validate wills and oversee their execution. Having a will is only the first step to avoid a lengthy, formal probate process, and it helps expedite the resolution of your estate.

Without a will, probate cases can extend for a lengthy period, costing money, stress, and time lost to hearings and legal matters for your surviving relatives, complicating their grief.

When Should I Revise a Will?

You should revise your will during or after major life events, such as divorce, marriage, moving states, the birth or adoption of children, or a significant change in assets. A qualified estate planning lawyer can advise you whether or not your current will requires revision. It’s in your interests to maintain and revise your will under the advice of your attorney.

What Type of Lawyer Is Ideal for Wills?

A skilled estate planning attorney can oversee all aspects of your legacy, including the establishment of wills, trusts, disability trusts, powers of attorney, and living wills. If a will is not prepared by a lawyer with extensive knowledge of Florida estate law, there could be consequences for your loved ones. A Daytona Beach wills attorney is your ally when it comes to your family’s future well-being.

Contact Us Today to Schedule a Consultation

Creating your will and estate plan can feel like a daunting task. At The Preston Law Firm, we are dedicated to our clients and approach each case with sensitivity and compassion. Contact us today to schedule a consultation with our team to discuss your legal needs. We’re here for you.