Wills, Probate

Trusts, Estate Planning

210 South Beach Street, Suite 202
Daytona Beach, FL 32114
(386) 257-3332

Personal Representative

Heidi handled estate planning for us, including setting up a family trust, wills, power of attorney, living will, health care directive. She provided excellent, knowledgeable guidance throughout the process and we worked through these matters effectively and efficiently, and the work was completed for a reasonable fee. We were very pleased with the services provided. ~Dave K

~ Dave K

In Heidi, I have found my Florida attorney. I live out of state but have a home in Florida which I wanted to turn over to my son, who does live in Florida, without running into tax issues. I was imagining all sorts of paper work, but Heidi made it all so simple for me and I was very satisfied with her knowledge and professionalism. What’s more, she is a very nice person and so easy to deal with. I have no hesitation in recommending her and will certainly use her again if the need arises.

~ Meme D

Q: What is the most common mistake you find in your practice?

most common estate planning mistake

Answer:  Naming an out of state –non-blood related– Personal Representative. We see this mistake made in a few Wills every year: the decedent names a non-resident of Florida, such as a close friend, or an out of state attorney as their Personal Representative. These individuals would not qualify to serve under Florida Law. 

The answer is thoroughly outlined in Fla. Stat. §733.304. A nonresident who is not domiciled in the state of Florida cannot qualify as Personal Representative unless:

  1. A legally adopted child or adoptive parent of the decedent;
  2. Related by lineal consanguinity to the decedent [a/k/a blood relative];
  3. A spouse, or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or
  4. The spouse of a person who otherwise qualified under this section.

This mistake is a good example of why reviewing your Estate Planning documents every few years with the help of your Attorney is crucial to avoid mistakes. If you are unsure about the named Personal Representative in your Estate Plan or do not have an Estate Plan at all, make an appointment with an Estate Planning Attorney where you live. If you are located in the Daytona Beach area, call my office for a free consultation.

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