Wills, Probate

Trusts, Estate Planning

140 South Beach Street, Suite 310
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

Heidi Webb did an amazing job with our estate planning. She is extremely knowledgeable and explains things so that you can really understand how things will work. Quick turn around time and very reasonable fee. I highly recommend her for any and all of your estate planning needs.

~ Tami G

probate process

Probate & Estate Planning

Probate and Estate planning are two distinct parts of my practice and clients often ask me what is the difference between Estate Planning and Probate.

Here are the two definitions according to the American Bar Association:

Estate planning

A process by which an individual designs a strategy and executes a will, trust agreement, or other documents to provide for the administration of his or her assets upon his or her incapacity or death. Tax and liquidity planning are part of this process.

Probate

The court-supervised process of proving the validity of a will and distributing property under the terms of the will or in accordance with a state’s intestacy law in the absence of a will.

In my words: Estate Planning is creating an exit strategy that often involves putting your wishes down on paper and/or managing beneficiary designations so that your property efficiently passes after your death while Probate is a court assisted process following your death that may involve effectuating your wishes or may impose what the law says should happen if you did not do any planning. Both can manage/transfer your assets post-death but estate planning happens while you are alive and probate after death.

Side note: Estate Planning & Probate are not mutually exclusive. Many think having an estate plan must avoid the probate process for their heirs after they pass and while MOST plans are geared towards probate avoidance, sometimes in Florida a Summary Probate is PART of the Estate Plan [that is a subject for another blog that I promise to write ☺ ].

Heidi S. Webb, Attorney at Law, serves clients all over the state of Florida with Estate Planning and Probate. She has offices in Daytona Beach and Melbourne 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.

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