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

I can't say enough good things about Heidi - she 100% saved the day on a house purchase my daughter was making - there were issues with a Life Estate which my husband and I knew nothing about. Heidi not only educated me but helped the seller (their son was the Trustee) with some very complicated issues that could have potentially blown the sale. Because of Heidi's legal expertise with elder law/estates and trusts, my daughter closed on the house this week.

~ Denise M

relocate to a new state

New to Florida – Review your Estate Planning Documents

I have said in previous blog posts that estate planning documents should be reviewed when you relocate to a new state and this is still true. This post will address three things that need to be reviewed and edited if you have moved to the Sunshine State.  

Trust and Last Will & Testament

Florida law generally requires that both a trust and a last will be executed by signing the document at the end or acknowledging your signature in the presence of two witnesses and a Notary. The witnesses must sign in your presence and in the presence of each other.  I find Florida’s requirements to be among the most stringent and so this aspect should be reviewed to streamline the process should your heirs require Probate after your passing.

Executor/Personal Representative

Florida law requires that your Personal Representative [called Executor in many states] must be either a Florida resident at the time of your death or blood relative or adopted child or parent. Therefore, if you have named a neighbor, friend, or even your spouse’s relative and that person resides in the state of your prior residence, they may not be qualified to serve as a personal representative in the state of Florida.

Power of Attorney

Florida statutes provide that a power of attorney executed in another state is valid if the power of attorney and its execution complied with the state’s law of execution when it was executed. Florida has some unique requirements for powers of attorney that may make part, or all, of your power of attorney ineffective in this state, so it’s critical to review this document with a qualified estate planning attorney.

Heidi S. Webb, Attorney at Law, serves clients all over the state of Florida with Estate Planning and Probate. She has an office in Daytona Beach but can meet via phone or Zoom with clients statewide. Contact her today to schedule a free consultation. Visit her page on Facebook or see what her clients are saying to learn more about Heidi at www.heidiwebb.com.

Share this…