How Is An Estate Plan Made Legal In Florida?
The first step toward making a legal estate plan is to contact an estate planning attorney and discuss with him or her your goals, review your assets, review your beneficiaries, and discuss the people you want to be in charge of your trust. Then, your estate planning attorney will draft the appropriate documents to implement your plan and review it with you. Once you have your plan, you need to fund your trust. What that means is titling the assets in your trust’s name. For example, putting your home into your trust and retitling the names of your checking accounts.
Can an estate plan, a will, or a trust ever be challenged? Yes. Sometimes, you have heirs or people who thought they would be beneficiaries in the trust excluded and they believe they should be included. Others believe they’re entitled to more. These types of things can be challenged. However, we oftentimes cut that off with our plans by having non-contest clauses. This greatly reduces familial acrimony because if you challenge the trust, you don’t get anything from the trust. Other things that can occur are challenges to the person’s competency to make the trust. Your lawyer should be evaluating you for competency when you’re preparing and signing your trust. That’s simply making sure that you understand and know the consequences of what you’re doing.
Sometimes, one sibling is taking care of the trustor when they become vulnerable and that’s called undue influence. The person who is asserting an undue influence gets the trustor to change the trust in a way that’s beneficial to them. They use their position of power towards the trustor to get them to do something that they don’t want to do. Then, you will have a sibling challenge a will or a trust on those grounds. You will go into probate court, should there become some sort of challenge.
Additional Information On Estate Planning In Florida
It’s critical to know that it’s better to plan sooner rather than later. The issue with estate planning is we don’t know the types of things that could happen to us later today, tomorrow, or five years from now. Getting our estate plan in place now allows us to protect ourselves and our children. We can always make changes later. If things change in five years, we can make a change to the plan, but at least there’s a plan in place. Hope is not a plan.
For more information on Making An Estate Plan Legal In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (941) 706-0632 today.
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