DeLand Estate Planning Lawyer

DeLand Estate Planning Attorney

For Florida residents, having a solid estate plan is key to protecting loved ones after they pass away. While the topic of death tends to make people procrastinate, working alongside a compassionate DeLand estate planning lawyer can make the process as simple as possible.

Why Hire an Estate Planning Lawyer?

Working with one of the lawyers at The Preston Law Firm is an easy choice for many Florida residents. We’ve helped over 3,000 residents during their estate planning process. Our six legal professionals have over 50 years of combined experience, bringing empathy into every case and leaving our judgment at the door.

The average DeLand income in 2023 was $73,352, and preserving this money for your loved ones is vital. We’re here to aid you in your estate planning process and give you peace of mind about what will happen after you pass away.

What Is the Probate Process?

Probate is the legal process overseen by a Florida court after someone dies. This process includes having a personal representative appointed to collect the deceased’s property, use the belongings to pay off any outstanding debts or taxes, and then distribute the remaining estate to any named beneficiaries in the will. It’s worth noting that not all assets are required to go through probate, as some can be transferred to beneficiaries directly.

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Why You Need an Estate Plan

As of 2023, 21% of DeLand residents were age 65 and older. A scenic place to retire, DeLand is home to the St. Johns River, expansive beaches, and the DeLand Outdoor Art Festival. However, retirees need to plan for their future to ensure their rights are protected, even after death.

Probate is an arduous process that can take months. During this stressful time, having a clearly outlined will can make the process easier on your named personal representative. A will details how you want your belongings to be handled after you die and which parties you would like them to go to.

It’s important to hire an estate planning lawyer to help ensure compliance when drafting your will and to make sure you’ve considered all the essential components of a thorough estate plan. If you pass away and your documents aren’t legally valid, your estate falls into Florida’s intestate laws regarding probate. This means that your wishes won’t be respected, and your loved ones will likely argue over who gets what, leading to bitter feelings during their time of grief.

In Florida, if someone doesn’t have a valid will in place, their entire estate goes to their spouse. If they don’t have a spouse, the estate will go to their parents, then siblings, then extended family members. If there is no family to be found, the estate will go to the state of Florida.

Components of an Estate Plan: Living Will and Designation of Health Care Surrogate

An estate plan isn’t just a will. A few different types of documents can be drafted to include in your estate plan. A living will is a document that details your personal wishes for any future end-of-life medical treatment. It only goes into effect when you can’t speak for yourself.

For example, if you’re on life support and deemed terminal by your doctor, your treatment team should follow your wishes outlined in your living will.

An additional provision to a living will is a designation of a health care surrogate. This is a document that names a trusted person to carry out your healthcare wishes if you can’t speak for yourself. They’ll either:

1. Carry out the wishes outlined in your living will
2. If there is no living will, they’ll make medical-based decisions based on what they believe is right for you.

FAQs

What Are Florida’s Homestead Exemption Laws?

Florida’s homestead laws are protections for homeowners. You must be a Florida resident, live in your home as your primary residence, and file paperwork with your county property appraiser. These laws can reduce your property taxes by up to $50,000 and protect you from creditors. Creditors can’t force you to sell your homestead property to cover the debts. There’s also a limit to how much your property taxes can go up each year.

Do Homestead Laws Protect My Beneficiaries After I Pass Away?

Florida’s homestead laws protect your beneficiaries after you die if the home becomes their primary residence. The protection from creditors continues for the person who inherits your home. The tax benefit may continue for your beneficiary, but the cap resets when ownership changes. If you are married with a minor child, you can only leave your homestead property to them after you die. If not, you can leave the property to anyone.

Choose a Trusted Florida Law Firm Today

Contact our office today to learn how we can help you. Since 1986, The Preston Law Firm has been committed to assisting Florida residents with drafting their estate plans and guiding their families through the probate process.

We offer new clients the compassion they deserve. Our team of lawyers can clearly explain Florida’s estate planning laws to help you make informed decisions about your future.