Wills, Probate

Trusts, Estate Planning

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

Personal Representative

I had a great experience with attorney Heidi S. Webb and her team. My father passed away in Florida and left me some property. I live in Massachusetts so I wanted to sell it. Heidi and her team represented me. Heidi was able to quickly put the property on the market and get it sold quickly as well. She put in the extra effort and was able to find a buyer willing to pay significantly above the listing price. I couldn't be happier with the way she handled everything for me and how she made a difficult time in my life much easier. Heidi and her team were very professional but there was also a very personal touch as well. I highly recommend Heidi S. Webb to handle any of your needs. You will be happy you did! Thanks again to Heidi, Molly and the rest of the team!

~ Matthew P

Heidi makes the process of setting up a trust very easy. She is quick to answer any questions and is very knowledgeable about the subject. In addition, the trust document binder she provides is well organized, which makes it easy to follow.

Thank you for everything.

~ Todd B

estate planning definitions

Estate Planning Definitions

As I sat down to write the blog this month, I reviewed my past posts for inspiration. I came up with a post giving Estate Planning definitions of the terms that I use in my practice. I hope this post is an educational resource for anyone new to the legal vocabulary of Estate Planning.

Estate Planning Documents

These documents will vary depending on your circumstances and consist of your Will, Durable Power of Attorney, and Health Care Surrogate Designation. These documents should be kept in a safe environment and their location known by your Personal Representative. I listed the documents I recommend for my clients living in Florida (https://heidiwebb.com/what-documents-should-be-in-my-estate-planning-if-i-live-in-florida/)

Personal Representative of an Estate

A Personal Representative of an estate is an individual appointed to administer the last Will and testament of a deceased person [in many states called an Executor but not in Florida!]. The Personal Representative’s primary duty is to carry out the instructions in the Will to manage the affairs and wishes of the deceased. https://heidiwebb.com/ask-heidi-what-is-the-role-of-the-personal-representative-in-florida/

Durable Power of Attorney

A legal document gives one person [agent] the power to act for another [principal] that does not become invalid if the principal becomes incapacitated —it is ‘durable’ through incapacity.

Notarized Documents

Many legal documents must be notarized to be valid. Notarization serves three purposes:

  • To ensure the person signing a document is identified correctly
  • To ensure the intended person signs the document of their own free Will
  • And to ensure the transaction can be independently verified after the fact

Notarization is a system to prevent fraud.

Beneficiary Forms

A form filled out for insurance policies, retirement accounts, and other assets when set up. A beneficiary form prevails over a Will. Meaning, in some cases if you didn’t remove an ex-spouse from a beneficiary form, your Will giving everything to your new wife or husband is not valid.  This is a complex area that is determined sometimes by federal law and sometimes state, but the general rule is REVIEW/UPDATE beneficiary forms every time you update your Will.

Probate

The formal legal process recognizes a Will and appoints the Personal Representative who will administer the estate and distribute assets to the intended beneficiaries.

Please remember that if you are meeting with an attorney and do not understand the terms being used, ask them to explain these Estate Planning definitions to you. This is part of their job as your attorney. Call my office for a free consultation if you live in Daytona Beach or Melbourne, Florida.

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