Wills, Probate

Trusts, Estate Planning

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

Personal Representative

I used Heidi Webb to update my Revocable Trust, Will, and LLC after the passing of my wife. I can not say enough good things of her service. She was very attentive to my needs during a difficult time and offered very good advise on how I should have things updated. She is very knowledgeable in this area of law. She always took the time to listen and make recommendations based on my needs. She even took the time to meet with my son who is the executor of my will to explain everything that he would be responsible for after my passing which was important to me and my son. She made me feel very comfortable whenever we met and explained everything in language that I would understand. I would be remiss in not stating that her staff is outstanding and always followed up with my calls. I would highly recommend her and staff for all of your legal needs.

~ John W

I had a great experience with attorney Heidi S. Webb and her team. My father passed away in Florida and left me some property. I live in Massachusetts so I wanted to sell it. Heidi and her team represented me. Heidi was able to quickly put the property on the market and get it sold quickly as well. She put in the extra effort and was able to find a buyer willing to pay significantly above the listing price. I couldn't be happier with the way she handled everything for me and how she made a difficult time in my life much easier. Heidi and her team were very professional but there was also a very personal touch as well. I highly recommend Heidi S. Webb to handle any of your needs. You will be happy you did! Thanks again to Heidi, Molly and the rest of the team!

~ Matthew P

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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