Wildwood Wills & Trusts Lawyer

Let’s Talk About How You Want to Leave Your Estate

A key consideration of any estate plan is deciding who will inherit your property. If you die without a will or trust, then the state’s intestacy laws will determine who inherits your estate. To take control and steer assets to those who deserve them, you should call Marshall Law.

I am John Marshall, Attorney at Law. I have decades of experience as a Wildwood wills and trusts lawyer in Wildwood. I can help you determine whether to create a will or trust—or both—and who to name as your executor or administrator. These are important building blocks to any estate plan, and you want them created the correct way. Reach out to my office today to schedule a consultation.

The Purpose of a Florida Will

A will is a great foundation for any estate plan. You can use a will to take control and decide the following:

• Guardians of minor children. Young parents should create a will to name guardians. Remember to ask them if they are willing to serve.
• Personal representative. Also called an “executor,” this individual will guide your estate through probate. They have important duties such as gathering your estate assets and paying your final bills. The representative might also need to defend the estate in lawsuits.
• Beneficiaries. My clients use a will to leave assets to individuals or to divide the estate between beneficiaries. If you don’t have a will, then state law will decide who inherits from you. It is possible a child or other relative you want to cut out of the will ends up inheriting from you if you die intestate.

Wills might seem formulaic or “cookie cutter,” but each will requires individual care to create. Florida law requires that wills be in writing and signed, among other formalities. The person creating the will cannot be under undue influence or coerced into creating the document.

Call my office and work with an experienced Wildwood wills and trusts attorney.

How a Trust Can Benefit Your Estate

A trust is a legal arrangement when a trustee will manage assets for the benefit of a beneficiary. That’s the simple definition. In Florida, trusts do not go through probate but are administered outside of the court. For this reason, trusts are private.

A trust can have characteristics that make them like a will. For example, you can put assets into a revocable living trust and identify who will inherit them when you die. While living, you can modify the trust and move assets in or out, if you want.

But trusts also offer some advantages, depending on the trust you create:

Florida law recognizes dozens of trusts. You should get individualized advice about which trust (if any) will work with your estate plan. Call my office to schedule a time to meet.

Why You Should Hire an Experienced Wildwood Attorney

I have seen various computer programs or software hit the market, promising to help draft a will that complies with your state’s laws. Although these programs might seem like a good investment, they have serious problems. A lawyer does much more than type keys to draft a will.

For example, I work closely with my clients to determine:

• Who they want to leave assets to.
• Who should serve as the personal representative or an appropriate trustee to manage assets in a trust.
• Whether they want to disinherit a child.
• How to pass assets in a way that avoids probate, such as by using a joint account.

By thinking through these issues, I can maximize the value of your estate and reduce headaches on your family members when you pass.