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Wills & Trusts

Living Wills

A living will is technically referred to as an advance medical directive. This document is used to express, while you are able, your choices regarding future medical care. This document typically focuses on end-of-life care decisions, but it can be used for more specific choices such as a decision to go for blood transfusions. Florida can vary in their length, complexity, instructions, and format. What is important is not the length of the will or even whether it was signed in. What is important is the clarity with which the will expressed the desire of the Testator (person to whom the will belongs).
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Living Trusts

When a loved one passes away, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed. If your loved one owned his or her assets through a properly drafted and funded Living Trust, it is likely that no court-managed administration is necessary, though the successor trustee needs to administer the distribution of the deceased. The length of time needed to complete probate of an estate depends on the size and complexity of the estate as well as the rules and schedule of the local probate court.

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Every probate estate is unique, but most involve the following steps:

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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