Wills, Probate

Trusts, Estate Planning

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

Personal Representative

Great service! Above expectations and quick. Very thorough with the details I needed to have done.

~ Thomas S

In a time of sadness & grief, I searched the area for an attorney who would work with me and my budget. After the first call with Mrs. Heidi, I knew that I had found someone who truly cared, who was understanding and patient with my circumstances. She knew that I did not know much about the probate court (I felt so lost and defeated) and she went over and above to explain it all to me and what was going to be happening in the upcoming months. Probate court is not something that happens quickly, my family & I were out of our home for months on end and Mrs. Heidi did everything she could to expedite the process of us moving back in. She provided us with all the information, communicated everything with us as she found out and made the (tough) process so smooth. She is super knowledgeable in her scope and works thoroughly on the documents needed. I am very very grateful my family and I chose Heidi and I strongly recommend anyone who needs Estate Planning to inquire with her.
Not to mention, everyone who works in her office and beside of her is equally as amazing as she is. Her office staff was simply dedicated, always pleasant, compassionate, and kindhearted. They made me feel like we've been friends forever. They communicated with me & sympathized with me, they treated me like a person they loved, not just another customer, and they truly cared about how I was doing despite what I was going through at the time. I applaud them and Mrs. Heidi tremendously for everything they have done for us.
There are not enough words that could show my true appreciation and thankfulness for this group of people and this office.

~ Briana L

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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