Wills, Probate

Trusts, Estate Planning

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

Personal Representative

My father lived in Daytona Beach for years and passed away in December. My family lives in West Virginia and we needed a lawyer to assist us with his estate. I did a Google search for lawyers in Daytona and started calling. The first two offices I called I had to leave a voicemail, neither returned my call. I called Heidi’s office and a real live person answered the phone. I told her what I needed and she promptly scheduled me a phone call with Heidi. Knowing we were not from the area, in fact 700 miles away she went above and beyond in assisting us. We were kept well informed and she collaborated with our realtor to make sure everything was in line. A+++

~ Curt M

Heidi is a bright star in the universe of Family Planning Attorneys!
Choosing a attorney to trust with your family planning is difficult at the least. We met with various attorneys in hopes the selection process would be easy. Until we met with Heidi we found small things bothered us about each attorney we interviewed.
When we met with Heidi we signed a contract at the end of the meeting. That was unusual for us because, trust me, we like to do due diligence in any decision we make. Heidi not only impressed us with her practical knowledge but her advice and rationale was on the mark.
Now that we have completed our planning I can say we were not disappointed and we feel like we we have someone that will stick with us and our family in case of the unexpected, or just the normal expectations of life and death.
Thank you Heidi for your caring and competence. 

~ Don and Pat T

How to Handle Unequal Bequests in Your Estate Plan

unequal bequests

There are several common reasons why someone would leave unequal bequests:

  • Strained relationship
  • Estranged relatives
  • An attempt to even out the amount given to loved ones because an individual may already have received a significant amount of property from you during your lifetime
  • Increased need of the beneficiary

Whatever the reason, unequal bequests have an increased risk of someone disputing the validity of the document. For that reason, you should tread carefully when leaving different amounts of property between beneficiaries who expect equal distributions.

If you are modifying existing documents in a way that will decrease the percentages given, I do not advise using a codicil or trust amendment. These will accompany the original document, alerting beneficiaries to the fact they originally were to receive more. Instead, revoke your last will and testament and create an entirely new document. If a trust is the primary planning tool, a Restatement may be a smart choice.

In most cases, discussing your intentions and reasons with beneficiaries during your lifetime can avoid significant pain and potential court involvement later. For those who are unable to discuss with family, leave a letter of explanation. Keep in mind this letter should not be one last jab at the individual but should be an attempt at reconciliation and a recognition that they may be surprised or unhappy with your decisions. Leave the sealed letter with your last will and testament.

Each estate plan is unique, just as the needs of each family are unique, be clear on your intentions and prepare your estate plan with a qualified Estate Planning attorney.

Heidi S. Webb, Attorney at Law, serves clients in Daytona Beach, Ormond Beach, Port Orange, Melbourne and beyond with matters of Elder Law, Estate Planning, and Probate Law.

Contact her today to schedule a free consultation. Visit her page on Facebook or heidiwebb.com to see what her clients are saying to learn more about Heidi.

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