Fort Lauderdale Estate Attorney
Living Wills
Living Trusts
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Every probate estate is unique, but most involve the following steps:
- Filing of a petition with the proper probate court
- Notice to heirs under the will or to statutory heirs (if no will exists)
- Petition to appoint Executor (in the case of a will) or Administrator for the estate
- Inventory and appraisal of estate assets by Executor/Administrator
- Payment of estate debt to rightful creditors
- Sale of estate assets
- Payment of estate taxes, if applicable
- Final distribution of assets to heirs
Wills & Trusts FAQ's
What is the difference between a Living Will and a Last Will and Testament?
A Living Will is a legal document that outlines your wishes of whether or not to be placed on life support in the event you have been diagnosed with a terminal illness and there is no hope of recovery or you are in a persistent, vegetative state. A Last Will and Testament is a legal document that outlines who you wish to give the things you own to upon your death.
What is a Trust?
A Trust is a legal document that is similar to a Will. The difference is that this document is created for the purpose of avoiding probate and creditors.
What is the difference between a Health Care Surrogate Designation and a Living Will?
A Health Care Surrogate Designation is broad compared to a Living Will. It is a legal document that outlines who you trust to make your health care decisions on a day-to-day basis in the event you are no longer able to do so.
What is a Durable Power of Attorney?
A Durable Power of Attorney is a legal document that outlines who you trust to make your financial decisions on a day-to-day basis in the event you are no longer able to do so.
How old do you need to be to have a Will, Trust, Durable Power of Attorney, Health Care Surrogate Designation, or Living Will?
It is highly recommended that anyone 18 or older have these documents prepared to avoid Guardianship.
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