Work With Will Attorneys In Port Richey To Make Your Final Wishes Known

A will gives directions on how you wish your assets to be distributed through the probate process by your personal representative (executor). Even a simple will can save much time and trouble for your family. Your will may also designate your preference of a legal guardian for any minor children who may survive you and create one or more trusts to take effect upon your death.

Delzer, Coulter & Bell, P.A., is ready to help you draft and execute a will that will express your wishes in a legally enforceable way. Our firm focuses solely on estate planning, probate, trust administration and elder law. Additionally, we are recognized as experts in our respective areas by The Florida Bar. Attorney Wayne R. Coulter is a board-certified specialist in wills, trusts and estates, and attorney Rebecca C. Bell is a board-certified specialist in both elder law and in wills, trusts and estates.

Misconceptions About The Role of Wills In Estate Planning

There are two fundamental misunderstandings that many adults have about wills and the role they play in an estate plan:

A Will Does Not Avoid Probate

Some clients mistakenly believe that by signing a will, probate will be avoided. To the contrary, a will is actually your directions on how you wish your assets to be distributed through the probate process. There are legal ways to avoid probate, including creating a living trust. There are also other ways to avoid probate, such as enhanced life estate deeds, payable on death accounts and joint ownership with rights of survivorship.

A Will Overrules All Other Actions You Take With Your Assets

Ideally, your asset ownership should be coordinated with the provisions of your will. If you have titled your assets in joint ownership with rights of survivorship or designated all of your assets as payable on death to one or more beneficiaries, your will should be consistent with your asset ownership.

For example, if your will provides that your assets are to pass to your three children equally, it creates confusion as to your intent if you have provided a payable on death designation to only one of the children. Your will will only control assets in your sole or individual name (assets without a joint owner or beneficiary designation) or assets payable to your estate.

Considerations When Making A Will

Your estate plan should take any unique factors into account. For example, if you have a disabled loved one on government benefits, a bequest in a will could jeopardize those benefits. You may wish to establish a special needs trust instead. Our firm’s attorneys will help you tailor your plan for you and your family.

When you are ready to make a will, our legal team recommends you collect the following information before your first appointment with your attorney:

• Statements from all bank accounts, including investments and retirement accounts
• Life insurance policies
• Any debts you owe, such as a mortgage, car loan or taxes
• If you have minor children, the name and address of the guardian and any alternates
• The name and address of your personal representative and any alternates
• A list of your heirs-at-law (family) and nonfamily members or organizations you wish to support
• Real estate information
• Information regarding any trusts in your name or for which you are a beneficiary

If you have any questions about what to bring to your appointment, please contact our office at 727-361-2894.

Answers To Common Questions About Wills

Our attorneys have provided brief answers to some of the most common questions about drafting a will that clients bring to their first meeting.

Who may I appoint as my personal representative (executor)?

Any permanent resident of Florida over the age of 18 may qualify as the personal representative of your estate. A person who is not a permanent resident of Florida cannot qualify as a personal representative unless he or she is a family member designated as being qualified under Florida law to act as your personal representative. If the person that you want to act as your personal representative is not a Florida resident or a family member designated as being qualified under Florida law, you may authorize a person to select a personal representative for you.

What are the duties and responsibilities of the personal representative (executor)?

The key duties of a personal representative include:

• Collecting, reporting and safekeeping of all estate assets
• Filing an accounting of all receipts and disbursements during the estate administration
• Filing any income tax returns due
• Filing a U.S. estate tax return if required
• Determining the validity of creditor claims filed against the estate and timely paying all valid creditor claims and bills
• Complying with court orders issued by the probate court
• Distributing the estate in accordance with the terms of the will

A skilled estate planning attorney can help you carry out your duties properly.

Can a dissatisfied family member “break my will”?

The only person under Florida law who can “break a will” or take a forced share of an estate is a surviving spouse. Other than your spouse, you have no legal obligation to mention any other person in your will. A disinherited heir at law or beneficiary under a prior will may also contest your will based upon the grounds that your will was not properly executed, was executed by you with undue influence or was executed at a time you were incapacitated. By having your will prepared by The Florida Bar board-certified specialist in wills, trusts and estates, it is very doubtful that your will will be successfully contested based upon improper execution.

Should I provide funeral instructions in my will?

There are both legal and practical reasons for not including funeral instructions in your will. At the same time, it is important to leave written funeral instructions. Our office will be glad to provide you with funeral instruction forms that will authorize any funeral home to proceed with your written funeral arrangements.

Where should I store my will?

You should store your original will in a safe place that is readily available in the event of your death. Your original will, not a photocopy or any other type of facsimile, must be produced at the time of your death.

How often should I have my will revised?

Wills should be reviewed anytime there are substantial changes in assets, or if there are deaths, births, divorces or remarriages. Name and address changes do not necessitate a change in your will. Never make notes or alterations on your original will.

Bring Us Your Estate Planning Questions

We are here to answer your questions about wills and related matters. Call us in Port Richey at 727-361-2894 or send an email inquiry to schedule a consultation.