Planning For Your Future With An Estate Plan And Protecting Your Family Through Probate
An important part of planning for the future is preparing a comprehensive estate plan to protect your legacy and loved ones. An estate plan will also make it easier for your loved ones to administer your estate after you are gone. I help clients with both.
My name is Michael D. Weinstock. I founded my firm, the Law Office of Michael D. Weinstock, P.A., in Niceville, to offer a wide range of legal services to clients throughout Florida. With today’s technology, I am able to provide remote legal services to clients throughout the state. Whether you need guidance to prepare or update your estate plan or need assistance with probate and the administration of an estate, no matter where you are in Florida, I can help.
How A Comprehensive Estate Plan Helps With The Estate Administration Process
It’s not easy to define your estate planning goals. I will help you assess your needs and work with you to customize an estate plan to achieve your goals. With estate planning tools like a will, health care directives and powers of attorney, your estate plan will reflect your wishes and protect you should you become incapacitated. We can also establish necessary trusts to help your assets avoid probate and take advantage of tax laws.
A comprehensive estate plan will help the administration of your estate go more smoothly when you die. Your wishes will be known, guardians will be appointed and your assets and wealth will be distributed according to your intent.
What Happens If Someone Dies Without A Will?
When someone dies without a will, Florida’s intestate laws will dictate which family members inherit the decedent’s property. In addition, if minor children are involved, a judge will need to appoint a legal guardian. I work with families to sort through these unexpected legal hurdles and minimize conflicts.
Do All Assets Have To Go Through Probate?
Not all assets are subject to the probate process. The only assets that are required to go through probate are those held solely in the deceased person’s name. Assets with valid beneficiary designations can go directly to the named recipient. These include:
- Life insurance policies
- Retirement accounts
- Payable on death bank accounts
In addition, property placed into a trust during the estate planning process can also avoid the court process entirely. I can help you identify which assets are safe and which require attention.
How Long Does The Probate Process Take In Florida?
The duration of the probate process depends on the size and complexity of the estate. A small, simple estate may qualify for summary administration, which often takes as little as two to three months to complete. Larger or more complex estates, or those where assets are contested, must go through formal probate administration. This takes longer, usually six months or more, and requires more interaction with the court. As your estate administration lawyer, I can manage every step of your case from my office, providing full virtual probate services to keep your family informed.
Guardianships For Adults And Minors In Florida
Some families need to establish a guardianship as a part of a family law matter or the estate planning process. Guardians can be appointed for minor children or for adults who are no longer able to take care of themselves due to physical or mental incapacity.
In cases involving adults, guardianships can often be avoided through proper planning by establishing financial and health care powers of attorney. However, when other alternatives are not available, I can guide clients through the process of arranging a guardianship for a relative.
Consult A Florida Estate Planning And Probate Lawyer
To schedule an appointment, you can call me at 850-999-7497. You can also reach me by sending me a message through my website. I look forward to answering your questions and telling you more about how I can help you with estate planning and Florida probate.