Wills, Probate

Trusts, Estate Planning

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

Personal Representative

Heidi is a bright star in the universe of Family Planning Attorneys!
Choosing a attorney to trust with your family planning is difficult at the least. We met with various attorneys in hopes the selection process would be easy. Until we met with Heidi we found small things bothered us about each attorney we interviewed.
When we met with Heidi we signed a contract at the end of the meeting. That was unusual for us because, trust me, we like to do due diligence in any decision we make. Heidi not only impressed us with her practical knowledge but her advice and rationale was on the mark.
Now that we have completed our planning I can say we were not disappointed and we feel like we we have someone that will stick with us and our family in case of the unexpected, or just the normal expectations of life and death.
Thank you Heidi for your caring and competence. 

~ Don and Pat T

Heidi is a very client-focused attorney with proven results. Working for Heidi I witnessed first-hand the great rapport she maintained with both other attorneys and the courts, leading to quick and efficient legal satisfaction for her clients. In fact, almost all of our new clients were acquired due to recommendations from other clients or attorneys.

~ Erik M

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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