Estate planning can feel confusing when you are not sure which documents you need or how Florida law affects your property. A good first meeting should help you understand your choices rather than leave you with more questions. Before hiring a Florida estate planning lawyer, it helps to know what to ask about the attorney’s approach and how your plan will be created.
What estate planning services do you provide?
Estate planning can involve more than writing a will. Depending on your situation, you may need a trust or documents that allow someone to make decisions for you if you become unable to act for yourself.
Ask what types of estate planning the attorney regularly handles. You may also want to know whether the lawyer works with families whose circumstances are similar to yours. Someone with a business, a blended family or substantial property may have different planning needs from someone with a simpler estate.
How will you decide which documents I need?
There is no single estate plan that works for everyone. Your attorney should learn about your family and your assets before recommending documents.
Ask why each document is being suggested and what it is supposed to accomplish. If a trust is recommended, ask why it may be preferable to relying only on a will. You should understand what you are signing and how each document fits into the larger plan.
How does Florida homestead law affect my plan?
Florida has special rules concerning homestead property. Those rules can affect how a primary residence may pass after death, particularly when the owner leaves a spouse or minor child.
If you own a Florida home, ask how homestead law applies to your circumstances. This is especially important if you want to leave the home to someone other than your spouse or if you are considering placing the home in a trust.
Will you review my beneficiary designations?
Some assets pass directly to a named beneficiary rather than through a will. Life insurance and retirement accounts are common examples.
A Florida estate planning lawyer should consider how these beneficiary designations work with the rest of your plan. Ask whether the attorney will review them and point out situations in which they may conflict with your estate documents.
An outdated beneficiary form can sometimes produce a result that is different from what you intended. Reviewing these forms can help keep the entire plan consistent.
What happens if I become unable to make decisions?
Estate planning is not only about what happens after death. It can also help prepare for illness or incapacity.
Ask what documents would allow another person to manage your financial affairs if you could not do so yourself. You should also discuss documents that address medical decision-making. The attorney can explain who would have authority to act and when that authority would begin.
How will my estate plan avoid unnecessary probate?
Probate is the court process used to administer certain property after someone dies. Some families want to reduce the amount of property that must pass through probate.
Ask whether that is a realistic goal in your situation. A trust may help certain assets avoid probate if the assets are properly transferred to it. Other property may pass through beneficiary designations or another form of ownership.
The attorney should explain what steps are required after the documents are signed. Creating a trust without properly funding it may not accomplish what you intended.
How often should I review my estate plan?
An estate plan should change when your life changes. Marriage or divorce may create a reason to update documents. The birth of a child or grandchild may also affect your wishes.
Ask how often the attorney recommends reviewing your plan. You should also know whether the firm offers future reviews or whether you will need to contact the office when your circumstances change.
What will the estate planning process cost?
Ask how fees are calculated before you agree to move forward. Some attorneys charge a flat fee for certain estate planning packages while others may charge based on the work required.
You should understand what the quoted fee covers and whether future changes will involve additional charges. Clear information about fees can help you compare attorneys and avoid surprises.
How can Estate Plan First help?
The right attorney should be willing to answer your questions in language you understand. Estate planning decisions can affect your family for years, so you should feel comfortable with both the plan and the person helping you create it.
Estate Plan First helps Florida families prepare estate plans that reflect their property and long-term wishes. To discuss your options with a Florida estate planning lawyer, call Estate Plan First at (904) 867-4443 or fill out the online contact form.
