Wills, Probate

Trusts, Estate Planning

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

Personal Representative

Heidi is thorough and professional. We truly appreciated her help guiding us through a business transaction and getting all the paperwork handled for us within a reasonable time frame and for a reasonable fee. I will definitely be recommending her to others and will use her if the need arises again in the near or long-term future. Thanks for the help Heidi!

~ Andrew P.

Heidi handled setting up a business for us. Extremely knowledgeable and professional. Constantly remained in contact with us, and completed everything in a timely manner. We will use her again for all our legal needs. Highly recommend!!

~ James B.

Q: What is the most common mistake you find in your practice?

most common estate planning mistake

Answer:  Naming an out of state –non-blood related– Personal Representative. We see this mistake made in a few Wills every year: the decedent names a non-resident of Florida, such as a close friend, or an out of state attorney as their Personal Representative. These individuals would not qualify to serve under Florida Law. 

The answer is thoroughly outlined in Fla. Stat. §733.304. A nonresident who is not domiciled in the state of Florida cannot qualify as Personal Representative unless:

  1. A legally adopted child or adoptive parent of the decedent;
  2. Related by lineal consanguinity to the decedent [a/k/a blood relative];
  3. A spouse, or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or
  4. The spouse of a person who otherwise qualified under this section.

This mistake is a good example of why reviewing your Estate Planning documents every few years with the help of your Attorney is crucial to avoid mistakes. If you are unsure about the named Personal Representative in your Estate Plan or do not have an Estate Plan at all, make an appointment with an Estate Planning Attorney where you live. If you are located in the Daytona Beach area, call my office for a free consultation.

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