Estate Planning Attorney in Jacksonville with Elder Law Experts

Estate planning is a crucial process that helps individuals and families organize their assets, ensuring they are allocated according to their wishes and in compliance with the law. For people living in Jacksonville, Florida, finding the right estate planning attorney is essential to navigating the complexities of this process and local resources for estate planning. Attorneys who create wills and trusts, and settle estates, have the knowledge and expertise necessary to advise clients on the best course of action for their unique circumstances, guiding on matters such as wills, trusts, and advanced directives.

When seeking an estate planning attorney in Jacksonville, FL, looking for someone who offers a comprehensive consultation, as opposed to a quick sales meeting. This allows us to discuss our specific needs and goals, allowing the attorney to tailor their services to your unique situation. With an open discussion between attorney and client, we can develop a plan that ensures our assets are distributed according to your wishes, as well as manage any potential tax, family dynamics, or creditor liabilities or other  legal disputes that may arise.

In Jacksonville, we can find many experienced estate planning attorneys who are well-versed in the intricacies of Florida law and are dedicated to providing clear and knowledgeable advice to their clients. But we do see a lot of attorneys that provide partial services, like not providing guidance on trust funding or insisting upon wills because settling your estate results in higher fees.

Importance of Estate Planning

Organizing Your Wishes in a Will

Estate planning is an essential process that ensures the security of your assets and the well-being of your loved ones after your passing. One critical component of estate planning is organizing your wishes in a will or trust. Florida law differs from many other states, especially when it comes to your primary residence and signing a trust, so we do recommend updating your documents if you are new to Florida. A will serves as a legal document outlining how you want your assets to be distributed and who should manage your estate. By clearly stating your intentions in a will, you can prevent potential disputes among family members and help ease the transition for your loved ones during a challenging time.

Wills and trust are also required if you are seeking to disinherit a family member or leave money to people who are not your spouse and children.

Establishing a Trust versus a Will

While wills are beneficial for determining how your assets should be allocated, establishing a trust can provide additional advantages. Trusts allow you to put conditions on how specific assets must be used and can help safeguard assets inherited from you from creditors or potential lawsuits. A trust also has the benefit of avoiding probate, which can be a lengthy and costly. A will is required to go to probate to work; a will is also a public record. Probate court makes it easier for disgruntled family members to challenge your wishes versus a trust. Determining whether to establish a trust or create a will depends on factors such as the size and complexity of your estate, your goals for asset distribution, and the needs of your beneficiaries.

Healthcare and Elder Law Concerns

As you plan for your future, it’s also essential to consider healthcare and elder law concerns in your estate planning process. Decisions about your healthcare and long-term care should be addressed in documents such as a living will or a healthcare power of attorney. These documents allow you to specify your medical preferences and appoint someone you trust to decide on your behalf in case of incapacitation. Incapacity planning is an essential aspect of estate planning that ensures your healthcare wishes are honored and that a trusted person is in place to handle your finances and personal matters if you cannot do so yourself.

Pick the Right People to Serve in Your Estate Planning Documents

Choosing the right people to serve in your estate planning documents is crucial. These individuals must be trustworthy, responsible, and capable of carrying out their assigned tasks. As important as picking the right person is, it’s also essential to discuss these roles with the selected individuals to ensure they’re willing and able to take on the responsibilities. Common roles include executor, trustee, guardian for minor children, healthcare surrogate, and financial power of attorney agent. Selecting the appropriate people for these positions helps ensure your estate’s smooth management and your loved ones’ well-being.

Common questions to name these roles are:

1. If you are mentally disabled, who makes medical decisions for you? Who is the backup to that person?  (Designation of Healthcare Surrogate)
2. If you are mentally disabled, who makes financial decisions for you and does your day-to-day financial management? Who is the backup to that person? (Durable power of attorney)
3. If you are mentally disabled, who manages your assets for the highest and best use, along with return on investment? Who is the backup to that person? (Trustee for Incapacity)
4. If you are deceased and your spouse is alive, who manages your assets for the highest and best use and return on investment? Who is the backup to that person? (Personal representative or successor Trustee upon death)
5. If both you and your spouse are deceased, who manages your assets for the highest and best use and return on investment? Who is the backup to that person? (Final successor Trustee upon your deaths)
6. At what age do you want your children to have unrestricted access to their inheritance?
7. If a child predeceases you and your wife and they didn’t have children, do you want that child’s share going to the other sibling?
8. If both children predecease you and leave no children, who would receive your estate?
9. Do you want to be buried or cremated?

Repeat these questions for each spouse. Name a hierarchy of 3-5 people. I can press on your thinking at our consultation and help you sort out people. If you cannot think of an answer, we must talk about using local professional fiduciaries in Jacksonville or other independent trust companies.

Choosing an Estate Planning Attorney

Regarding estate planning, we know the importance of selecting the right attorney to represent and guide us through the process. This section will discuss how to discover your primary estate planning issue and the relevant credentials to consider when choosing an estate planning attorney in Jacksonville.

Discover Your Main Estate Planning Issue

Before you search for an attorney, it’s crucial to identify your primary estate planning issues. These may include drafting a will, setting up a trust, or planning for long-term care. By understanding your needs, you can focus on finding attorneys experienced in handling those specific issues. Please take advantage of platforms such as Avvo, where you can find attorneys specializing in estate planning and their corresponding Avvo ratings.

Checking Credentials that Matter for Your Estate Planning Issue

After identifying potential attorneys, delve deeper into their credentials. Look for those with a history of successfully handling estate planning cases similar to yours. Finding an attorney with a strong review rating from previous clients is essential. This can give you an idea of their professionalism and expertise in estate planning cases.

It’s also important to check if the attorney you’re considering is a Florida Bar Board Certified Elder Law Attorney. This certification ensures that the attorney has met rigorous standards of expertise and professionalism in elder law, which encompasses estate planning.

On the other hand, if you have a higher net worth and own a business, you should consider an estate planning attorney who also focuses on tax planning.

In conclusion, choosing the right estate planning attorney in Jacksonville involves understanding your primary estate planning issue, researching attorneys specializing in those issues, and verifying their credentials and experience in handling similar cases. Remember to consider their review ratings and whether they offer a free consultation to discuss your needs. By taking these steps, you will be better prepared to make an informed decision when selecting an estate planning attorney.

Estate Planning Resources in Jacksonville

At our firm, we understand the importance of estate planning and its impact on your family’s future. In Jacksonville, FL, several resources are available to help with estate planning, including experienced estate planning attorneys, financial advisors, and estate planning counsel.

Our team at Berg Bryant Elder Law Group, PLLC is committed to providing comprehensive estate planning services to protect our clients’ assets and ensure that their wishes are honored. We are conveniently located in the Deerwood Office Park and offer a free intake call for potential clients to determine how we can help. Contact us today!

When seeking legal assistance with estate planning, finding an experienced and reputable attorney is essential. In Jacksonville, many top-rated estate planning lawyers specialize in drafting wills, creating trusts, and navigating complex probate matters.

Additionally, we encourage clients to consult with financial advisors to understand their financial situation thoroughly. Financial advisors can help create a comprehensive estate plan that minimizes tax liabilities and ensures your assets are protected for future generations.

Estate planning is not a one-size-fits-all process, and choosing the appropriate professionals to guide you through the complexities of the legal and financial aspects of estate planning is essential. By leveraging the resources available in Jacksonville, we are confident that our clients can secure a well-planned and secure future for themselves and their families.

Frequently Asked Questions

How much does a typical estate plan cost in Jacksonville, FL?

Estate planning costs can vary depending on the plan’s complexity and the individual’s specific needs. While we cannot provide the exact costs, you can expect a broad range of fees depending on your situation. It is essential to consult with a qualified estate planning attorney in Jacksonville, FL, to help you understand the costs associated with creating a customized estate plan. Basic plans should be between $1500-3000, and advance planning is anywhere between $3500-20,000 depending on the size of your estate and number of estate planning issues you need solved.

How do I find a qualified estate planning attorney near me?

Finding a qualified estate planning attorney in Jacksonville, FL, can be made easier by researching online, reading reviews, and asking for recommendations from friends, family, or other professionals. You may also consider contacting the local Bar Association to obtain a list of certified attorneys in the area. It’s crucial to schedule a consultation with potential attorneys to discuss your needs and goals and ensure they have experience with your specific circumstances.

What is the role of a probate attorney in Jacksonville, FL?

A probate attorney in Jacksonville, FL, is responsible for guiding you through the entire probate process from beginning to end. This may involve assisting with the validation of the will, distribution of assets, and settling any outstanding debts or taxes. A probate attorney can also help you navigate the complexities of the probate court system and ensure that all documents are filed according to Florida laws and regulations. Sometimes a probate attorney will not perform estate planning; sometimes an estate planning attorney will not settle the estates. We believe that an attorney who does living trusts, will, and probate is best informed to help you plan in advance.

Why choose an elder law attorney to assist in estate planning?

An elder law attorney has specialized knowledge in various legal matters that affect older adults, including estate planning, asset protection, and long-term care planning. Choosing an elder law attorney for your estate planning needs ensures that your plan considers the unique challenges seniors face. As they also consider special needs trusts for disabled children or planning for your own long-term care, you can count on their expertise for comprehensive guidance in creating a robust and effective estate plan.

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