Wills, Probate

Trusts, Estate Planning

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

Personal Representative

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

I have been a friend of Heidi and her family for a very long time which is why, after my dad passes away and I needed to create a will and set up a trust account, I called Heidi. When we met, she explained everything I needed to do so she could set up my will and trust. She told me what she would do once I finished my part. She asked me very detailed questions about my wishes. She drafted my will and trust account and when I arrive at her office for the final signing, all the documentation was laid out for me very clearly. She went through all the documents with me, with explanations of them all, in case there might be anything was not as I wanted. It was very obvious to me she was very knowledgeable in her craft. Heidi is a true professional who helped me with my estate planning, her attention to detail is top notch. I would highly recommend Heidi to anyone considering their trust or estate planning, she is the best!

~ Neighbor

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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