Ormond Beach Wills Lawyer

Ormond Beach Wills Attorney

Creating a will is one of the most essential tasks you’ll complete in your lifetime. In Florida, a will serves as an important cornerstone for your estate plan. If you’re a resident of Volusia County, a qualified Ormond Beach wills lawyer can help you craft a comprehensive and effective will that helps ensure your wishes are carried out, and your family’s future is protected.

At The Preston Law Firm, we have over 50 years of experience with wills and estate law. Thousands of Florida families trust us with their estate planning and rely on our Ormond estate planning lawyer to guide them through important decisions. With our personalized approach, we can help you make informed decisions about your legacy. Having a will is a necessary component of any estate plan, and we’re here to help.

A Valid Will Is the Foundation of Your Estate Plan

In Florida, a valid will is the most important tool at your disposal to help ensure your beneficiaries receive assets from your estate. While all wills must be reviewed and validated by the probate court, a will that meets all the criteria established in Florida Statute, Chapter 723 helps ensure an efficient probate process.

These formalities of law must be followed precisely to prevent a lengthy probate process. A will created by an Ormond estate planning lawyer takes into consideration the laws of Volusia County, as well as the state laws that govern wills.

What Does a Will Provide?

A will provides several key components in an estate plan:

• Designates an executor to oversee the distribution of assets and settle any outstanding debts
• Names beneficiaries who will receive those assets
• Nominates a desired guardian for minor children or disabled loved ones under the testator’s care in the event of their death or incapacity

While a will is a vital tool in an estate plan, there are other important components you might consider when planning for your family’s future. Trusts, living wills, and durable powers of attorney are all strategic aspects of a comprehensive estate plan, and should be discussed when consulting with an attorney.

Trusts vs Wills

While a will is an important part of your estate plan, a trust may also be necessary to protect your assets and ensure their efficient distribution in the event of your death. Assets distributed through a will are subject to probate, a process by which the courts validate the will, distribute property, and pay any outstanding debts acquired by the testator.

Wills and probate proceedings are a public matter, increasing the likelihood that outside parties might contest the will and attempt to establish a claim on property and assets. Having a valid will in Florida expedites the probate process, but does not eliminate it.

All wills must be probated, but a trust rarely requires the court’s involvement, and a trust is also private, which is why many Ormond Beach residents elect to include a trust in their estate plan. Assets held in a trust can bypass probate completely, ensuring a smooth transfer of property and assets to your beneficiaries.

What Is a Pour-Over Will?

A pour-over will works in tandem with a trust to help ensure that any assets you acquired before death that are not included in your trust will transfer immediately to the trust in the event of your death, and then on to your beneficiaries. Sometimes clients acquire assets without revising their legal documents. Whether deficits in preparation were created through errors of omission or intention, these assets must be properly distributed.

A pour-over will is a safety net for any assets not included in a trust. While pour-over wills must still undergo review by the probate court, the process is simplified when the will is paired with a trust.

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Why You Should Hire a Wills Lawyer

Statutory laws governing Florida wills are flexible but complex. Estate planning can help protect your assets through the proper disposition and execution of your will, without costly legal complications. At Preston Law Firm, our knowledgeable, skilled attorneys have a proven record of integrity in the Volusia County probate court system. We are well-equipped to help you create a successful estate plan that can benefit you and your loved ones now and in the future throughout Ormond Beach, Florida.

FAQs

How Much Does It Cost to Draft a Simple Will?

The cost of drafting a will with an attorney’s assistance varies according to the value of the estate, the number of beneficiaries, and the complexity of the will. Simple wills are usually very affordable. It’s important to consult with a qualified estate planning attorney to ensure the will follows the criteria established in Florida’s Chapter 723 statute to ensure its validity.

Why Put a House in a Trust Instead of a Will?

Putting your house in a trust helps your designated beneficiary avoid probate, ensuring a smooth transfer of title upon your death. This can shield beneficiaries against third-party claims, as probate is a public process, enabling anyone with a potential claim to come forward and challenge the will, which is considered a public document.

What Is the First Thing That Happens After a Will Has Been Probated?

After a will is probated in Florida, distribution of assets to the decedent’s beneficiaries begins. Any outstanding debts are reconciled as well. All of this is overseen by the personal representative named in your will, also known as the executor. The representative can be anyone you choose, such as a trusted friend or relative, your attorney, or even an institution like a bank.

Does a Will Always Need to Go Through Probate?

Under Chapter 732, all wills in Florida must be verified and validated by the probate courts before they are executed. However, a will created with the assistance of a qualified estate planning attorney can simplify the probate process and help ensure your wishes are carried out as expeditiously as possible.

Consult With an Ormond Beach Wills Attorney Today

At The Preston Law Firm, we have over five decades of experience serving the citizens of Ormond Beach. Our knowledgeable, compassionate team can help you create a personalized will and estate planning package that considers your family’s needs. Our clients are our priority, and we are here to answer all your questions and address your concerns. Contact us today to book your consultation.