Wills, Probate

Trusts, Estate Planning

140 South Beach Street, Suite 310
Daytona Beach, FL 32114
(386) 257-3332

Personal Representative

I recently had a difficult legal matter dealing with Trusts and Power of Attorney concerning my elderly parents. Heidi immediately took on the task with calmness and reassurance – and I felt things would work out – and they did. It was her priority to get everything in order and quickly. Heidi is a great person and cares deeply for her clients. I would highly recommend her. Thank you for a job well done.

 

~ Ron O

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

Probate

Many estates have to go through Probate in order to be settled, while with the help of an experienced Florida probate attorney, some trusts, and proper planning–you can help your family avoid the hassle of dealing with Probate all together.

 

What is Probate?

 

Many people may want to learn more about Probate. To sum it up, Probate is the legal process that transfers property from the Probate Estate to the specified heirs of the decedent. Probate can be a very complicated process, involving extensive paperwork and appearances by attorneys who represent the parties involved. Court fees and attorney fees are paid from the estate property (from funds which could otherwise go to the beneficiaries of the decedent).

 

Probate can also be an extensive process and very time consuming. It can involve proving in a court of law that the deceased individual’s Will is valid. A complete inventory of the decedent’s property may also be done, and that property may require appraisal. Probate can involve paying any debts and taxes that are owed by the deceased individual. The remaining property is then distributed as directed by the Will. If the deceased person died without a Will, the estate must be settled through Probate as well. The remaining assets are then distributed as state law allows.

 

Probate Can Be Avoided

 

Since Probate can be avoided, it is wise to appropriately plan ahead and complete effective Estate Planning. By avoiding Probate, more money and assets go to the beneficiaries rather than the court or to legal expenses.

 

In Florida, there are several ways to avoid the Probate process.

 

  • Probate can be avoided by setting up a Living Trust to hold all of your assets, such as bank accounts, real estate and other valuable property.
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  • Another option to avoid Probate could be joint ownership, which involves owning property with someone else and including the right of survivorship, which transfers the property completely to the surviving owner. Some paperwork will be required, but Probate is easily avoided with the help of a reliable and experienced Elder Law or Estate Planning attorney. Also, remember that there are two kinds of joint ownership, joint tenancy and tenancy by the entirety.
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  • Other options for avoiding probate in the proper planning of your estate include payable on death designations for bank accounts and transfer on death registration for securities, which enable you to control your accounts as long as you live. The assets are then transferred to the beneficiaries at the time of your death without the need for Probate court proceedings.
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Plan Ahead

 

Plan ahead and save your family time, stress and money. Schedule a free consultation with Heidi Webb to discuss Probate avoidance. She can walk you through your best Estate Planning options and help you make the best choices for your estate and your family’s future. 

 

Plan ahead and talk with an attorney in Daytona Beach to help you through the process. Contact Attorney Heidi S. Webb at 386-257-3332. 

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