Wills, Probate

Trusts, Estate Planning

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

Personal Representative

Thank you to Heidi and her team for patiently working with me during a difficult situation. Our beloved Mother passed away and we needed to settle her estate, transfer property title, and create a will and trust. We were able to perform all of these activities over mail and telephone calls because we had left FLA to visit family in another state.

~ Lori B

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

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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