Ormond Beach Estate Planning Lawyer

Ormond Beach Estate Planning Attorney

Estate planning is an emotionally difficult task. Most end up procrastinating their planning, as thinking of mortality and worst-case scenarios can be too much to face. Having a knowledgeable Ormond Beach estate planning lawyer to guide you through the process can make it easier to handle.

Hire an Estate Planning Lawyer With Years of Experience

Since 1986, the team at The Preston Law Firm has dedicated their professional careers to helping Florida residents prepare their estates. During your consultation, you can tell us about your goals for your estate.

Our attorneys pass no judgments on our clients, working diligently to make sure their wishes are met. We can explain Florida’s complex estate planning laws so you can have the information needed to make choices about your future.

The Importance of an Estate Plan

In 2023, 14,360 of Ormond Beach residents were over 65 years old. Known for being a small beach town, ideal for families and retirees, Ormond Beach is home to various scenic activities for residents to enjoy. Estate planning is an important part of life for those enjoying their twilight years or starting a family.

When a person passes away, their property will typically go through the official probate process, though it’s a common misconception that every estate must go through probate. Probate for Ormond Beach residents is generally overseen by the Volusia County Courthouse, located at 101 North Alabama Avenue in DeLand. This process handles and distributes your belongings according to the wishes outlined in your will.

People typically want to avoid probate if possible. It’s an arduous, time-consuming, and costly process for your loved ones. If you establish a detailed estate plan, it can make the process easier for them to go through.

The average Ormond Beach household income in 2023 was $67,482. The average home value was $320,300. Having a will in place can make sure these high-value assets are handled properly. If there’s no will in place, your estate won’t be distributed according to your personal wishes, which can cause emotional strife among your loved ones.

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The Components of an Estate Plan

An estate plan is an added layer of protection when you can’t speak for yourself or have passed away. It can protect your personal wishes, especially if it contains more than a will. Other important documents can include:

• A living will. This document outlines your desires for any potential end-of-life treatment. It only comes into effect when you can’t speak for yourself, and it tells your medical team what you want to happen if your condition is deemed terminal. For example, this document would be referenced if you get into an accident and are deemed brain-dead. After drafting a living will, be sure to make copies to give to your doctor.
• A designation of a healthcare surrogate. A living will accompanies this document. It names someone you trust to be in charge of carrying out your medical wishes if you can’t speak for yourself. Their responsibility is to make sure your living will is followed. If you don’t have a living will, they’ll be in charge of making your medical decisions for you, based on what they believe is the right choice.
• A power of attorney. This document names a trusted person to act on your behalf when you’re unavailable or otherwise incapacitated. Their assigned tasks can be broad, like having the power to sign contracts for you. It can also be granted for a specific duty, like handling the sale of your home when you’re out of the country on business.

It’s important to hire an estate planning lawyer to help you decide which documents you should draft for your estate plan. Everyone is different with unique needs, and the documents someone else requires may not apply to you.

Even a simple mistake can potentially make your entire estate plan void. Working with an Ormond Beach estate planning attorney can ensure validity under Florida’s estate planning laws.

FAQs

What Makes a Will Legally Valid in Florida?

Every Florida will must be in writing and properly signed to be legally valid upon death. These specific requirements are why the rules for a valid will in Florida clearly state that the person making the will, called the testator, must sign their name at the end of the document. The testator must either sign the will in front of two witnesses or tell them that they’ve already signed it. After this, the two witnesses must sign the will in the presence of the testator and each other.

What Happens to My Estate If I Pass Away Without a Valid Will?

When someone dies in Ormond Beach, Florida without a valid will, their property is distributed per Florida’s intestate succession laws. If the deceased has a surviving spouse, the spouse’s share depends on what children are involved. If there isn’t a surviving spouse, the estate goes to the deceased’s children. When there are no children, it goes to their parents. If there are no parents, it’ll go to the deceased’s siblings and then distant family members.

What Is a Revocable Living Trust?

A revocable living trust is an additional document that can be added to an estate plan. A trust allows you to place assets into it. Understanding how a revocable living trust works helps you see how you can assign a beneficiary to these assets, who will receive them after you pass away. Assets placed into a trust avoid probate, which lessens the burden on your loved ones. You can edit or cancel the trust at any point during your lifetime.

What Taxes Are Imposed on My Property After I Pass Away?

Florida doesn’t have a state estate tax or inheritance tax that’s imposed on a deceased person’s property. The people who inherit property don’t owe any state taxes on what they receive. However, high-value estates owe a federal estate tax. This tax applies to any estate worth more than $13.99 million in 2025. This is based on the total value of assets, not each individual item.

Choose a Trusted Florida Law Firm for Estate Planning Cases

Reach out to The Preston Law Firm today to learn how we can assist you. When new clients come to meet one of our attorneys, they’re treated with the compassion needed when discussing the sensitivity of estate planning. If you describe what you’re looking for, we can help you draft a custom estate plan. Our team can address your unique needs.