Wills, Probate

Trusts, Estate Planning

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

Personal Representative

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

Our entire experience creating necessary estate documents through Heidi was only positive. She and Molly were extremely prompt with communication and her services were reasonably priced. She took the time to always thoroughly explain everything and answer my MANY questions always with a smile and the desire to make sure we were confident in how we worded things for our documents. She was happy to make changes to fit our needs and was even available to give advice regarding how to best handle my late father in law’s affairs. We really appreciate knowing that Heidi has our best interest in mind and that we have a relationship with an attorney whom we wholeheartedly trust. I’m not easy to win over in professional relationships, and I would fully recommend her to others.

~ Hannah C

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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