Lakeland, Winter Haven, and Polk County’s Estates Experts
Although sometimes a difficult subject to discuss, estate planning is a necessary step in ensuring domain over finances, possession and even custody of minor children. This means that contrary to general belief, estate planning is not only for the elderly or wealthy; it is for anyone who wishes to maintain a say.
Our estate planning attorneys are experts in advising on and drafting wills, trusts, and estates in Lakeland, Winter Haven, and the greater Polk County. Our attorneys and staff have specialized in this field for decades, and it’s because of this experience that we are confident in our abilities to accurately capture your wishes in a manner that is compliant with State and Federal laws.
Is an Estate Planning Attorney Necessary?
The Last Will and Testament is the document that most think of when “estates” are discussed. And with good reason; in many cases it can serve as a cornerstone to one’s plan for their estate. However, the last Will and Testament is merely one of several documents that make up a typical plan for an estate. When pondering whether assistance is needed in drafting these documents, it may be helpful to consider the following:
- Who will be granted custody of your minor children?
- How will you ensure that your minor children have sufficient funds for living expenses?
- Who will receive your finances, property, and other assets in the event of death?
- Who will make your health care decisions in the event of incapacitation?
- Who will sign legal documents for you in the event of incapacitation?
- Who will continue to pay the mortgage and other bills to avoid default or repossession?
An estate plan drafted by an attorney removes uncertainty to the questions above, providing guidance for your physicians, family members, beneficiaries, and courts in a manner that is compliant with State and Federal laws and regulations. By planning ahead, you can avoid any complications and you are provided with peace of mind.
HKM Attorneys Can Help You Draft and File An Estate Plan
Through a series of documents that are custom drafted, HKM estate and wills attorneys will ensure that your wishes are memorialized in a legally sufficient and binding way. A typical estate plan usually includes the following documents:
- Last Will and Testament
- The document in which your property (real property, financial, or other possessions such as cars and clothes) is distributed to people or charitable entities that you name.
- Living Will and Designation of Health Care Surrogate
- A set of documents that, in the event of incapacitation, (a) designates someone to (b) ensure that your documented health-care related decisions are respected.
- Declaration of Preneed Guardian
- A document that pre-designates an individual to serve as your guardian in the event of incapacitation.
- A variation of these documents are very important to those with minor children, as they also allow parents to name a guardian for their minor children.
- Durable Power of Attorney
- A document that pre-designates an individual to make legal and financial decisions on your behalf in the event of incapacitation.
Because they are frequently used for tax or medicaid planning purposes and can completely avoid probate, many estate plans also include a trust of some sort. On paper, trusts take property out of the grantor’s name, shielding it from creditors and allowing passage to beneficiaries without any court involvement. In practice, many trusts allow the grantor access to and domain over the property contained within throughout the remainder of their lives. The estate attorneys at Herron Keller Moore are experts in the construction of trusts, including revocable trusts, irrevocable trusts, charitable trusts, dynasty trusts, personal residence trusts, gun trusts, pet trusts, and special needs trusts.
HKM Estates, Wills, and Trust Planning Versus the Online Services
The difference between HKM and the online estate planning services/software come down to the advice and counsel you will receive.
The online/software services can theoretically allow any individual to DIY a set of estate documents. This rings especially true for those that are single or who have very simple estates. But an estate plan extends beyond the documents, as they merely memorialize the plan itself. It’s not the plan that’s important; it’s the planning.
Attorneys at Herron Keller Moore advise nearly as much as they write. And we have found that many clients’ views change once they are counseled on their options, the law, and how the overall process works. At Herron Keller Moore, we build custom estate plans developed from the ground up that are guaranteed to accurately encapsulate your wishes in a legally enforceable manner. Because our attorneys are experts in wills, trusts, and estates, we are your biggest asset. And it’s because of this that you are guaranteed to leave with a custom plan made for and by you, providing peace of mind.
HKM Is Here to Guide You Through the Estate Administration Process (Probate)
The period following the passing of a loved one can be difficult, confusing, and challenging for a number of reasons. In addition to grappling with the loss itself, a close relative or friend may be named the “personal representative” of the deceased’s estate. This is the individual that will ensure that the decedent’s estate is administered/distributed in the fashion that has been outlined in the estate documents. Otherwise known as an “executor” or “administrator,” there is a legal duty to administer the probate estate according to Florida law. Some, but not all, of these tasks include:
- Identifying, gathering, valuing, and safeguarding the decedent’s probate assets;
- Conducting a search to locate “known or reasonably ascertainable” creditors;
- Notifying creditors of the time by which their claims must be filed;
- Paying valid claims;
- Objecting to improper claims, and defend suits brought on such claims;
- Filing special tax returns for the deceased and paying any taxes that are due;
- Distributing probate assets to beneficiaries.
Given that few find themselves navigating these ever-changing waters very often, many personal representatives do not even know where/how to begin. A simple call to Herron Keller Moore can and should be your first step.
Our legal staff has decades of experience on both sides of the estate and trust administration fence; private practice and the judiciary. Having literally written the probate manual in one of Florida’s counties, there isn’t much that we haven’t already seen. So, if you or someone that you know has suddenly found themselves in charge of administering an estate and are in need of assistance, you can feel confident that the legal staff at Herron Keller Moore has the experience and resources to guide you every step of the way.
“Herron Keller Moore was there every step of the way. I learned so much during my consult and actually changed quite a bit around before asking them to put pen to paper. I now feel as if everything is secure for the future and continue to recommend them to all friends and family.”