Wildwood Estate Planning Lawyer

Creating an Estate Plan that Fits Your Life

Estate planning is one of the best investments a person can make. Whether you are in your Golden Years or just starting out as an adult, a thorough estate plan can provide peace of mind, ensuring that your loved ones will be provided for and your medical wishes respected.

I am John Marshall, and I founded Marshall Law to help men and women in Wildwood avoid growing old without an estate plan. Each estate plan is different and should be shaped to your needs and preferences. Without one, many families become engulfed in conflict after a tragedy strikes, and some relationship will be tattered beyond repair. Call my office to schedule a free estate planning consultation. I am an experienced Wildwood estate planning lawyer, and I can get started on creating an estate plan that works for your life.

Planning for the Unexpected

An estate plan helps clients plan for life’s unforeseeable tragedies. For example, I can create estate planning documents where you lay out what will happen to regarding medical care or finances should you end up incapacitated or with a terminal illness:

• Designation of health care surrogate. You can name a surrogate to make medical decisions for you when you aren’t in a condition to decide these issues for yourself.
• Living will. Clients use living wills to decide what life support they want—or wish to avoid—when they are suffering from a terminal illness. A living will allows a client to take control of the care they receive. Let us talk about your options.
• Power of attorney (POA). Clients use POAs to delegate power to an agent or attorney-in-fact to handle their finances. This is an effective tool for ensuring your bills are paid and checks are cashed if you are rendered incapacitated. I can draft a durable POA to suit your needs which will remain effective even after you are incapacitated.

Estate planning is a structured way for thinking through what you want to happen as you age. There is no better sounding board than an experienced Wildwood estate planning lawyer.

Using Estate Planning to Protect Your Family After You Pass

As we all know, when you die, you cannot take your assets with you.  Nonetheless, that does not mean you cannot have a say regarding who is the beneficiary of your estate and how assets will be distributed.  In fact, a well-crafted estate plan can create benefits for your family, friends, charities – and even pets! – that may not have been possible during your lifetime. 

Did you know you can give your child an inheritance that may be exempt from the claims of their creditors, provide an inheritance to an autistic grandchild who is receiving government benefits without compromising their benefits, establish an ongoing building fund at your church, or even create a trust for the care of your 4-legged companion so they are more likely to be adopted and cared for in a loving home after your death?  There are many interesting benefits that a well-crafted estate plan can accomplish.

At Marshall Law, we want to discuss not only who your beneficiaries are, but how we can find ways to give them the best protection and benefit possible, so the money and other assets you leave behind will enhance the lives of others.  Let’s work together to leave behind a legacy, not just a passing memory.

Planning for When You Die

After death, a person’s estate could go through probate, which involves paying off debts and distributing the remaining assets.

With a will, you can name someone to serve as the personal representative of your estate. They will file your taxes and pay any unpaid bills, but they can also defend the estate in a lawsuit. You can also use a will to leave assets to specific people. Some clients choose to divide their estate evenly between children, but it is up to you.

Young parents can also name guardians for minor children should tragedy strike. Your children will be taken care of by people hand-selected by you and your spouse.

A trust can complement other elements of an estate plan. Our clients often use trusts to provide for a disabled individual so they remain eligible for government benefits. Other trusts will provide tax advantages to your heirs or prevent them from spending all the money at once. Trusts provide enormous flexibility; let’s talk about whether you need one.

An estate plan can use other techniques for passing assets, including beneficiary designations on life insurance or retirement accounts, or joint ownership of real estate. Contact me so we can begin discussing your estate planning goals.

Updating an Existing Estate Plan

Estate planning is a continuous process. I encourage anyone with the components of an estate plan to consider whether it is time for an update. Certain landmarks warrant a second look at an estate plan:

• Marriage or remarriage
• Divorce
• Death of a spouse
• Birth of a child
• Birth of grandchildren
• Substantial inheritance or acquisition of assets
• Death of your personal representative, guardians, and/or trustee

I also encourage anyone who has recently moved to Florida to reach out to my office. Each state’s laws are slightly different, and you should have documents that will stand up in Florida court.

Lastly, I would encourage anyone with an estate plan to revisit it occasionally, perhaps every 5-10 years.

Estate Planning Best Practices- Frequently Asked Questions About Estate Planning In Florida

I always try to help my clients understand as much as possible about estate planning and their options. Here are some of the most common concerns my clients express: Having the right estate planning documents in place is essential for ensuring your wishes are carried out.