Wills and Trusts Law

Baur, Klein & Becker P.A has decades of experience assisting Florida residents and international clients with wills and trusts matters, including health care directives, living wills and durable power of attorney. At Baur, Klein & Becker P.A, we understand that concerns related to wills and trusts for Florida residents and foreigners, and their objectives can vary from establishing a living trust to assisting individuals in contesting a complicated will. No matter how complex the issue, Baur, Klein & Becker P.A is able to provide you the legal advice you need.

Wills

Perhaps most important to any estate planning is the creation of a will. A will is central to ensuring that your wishes are followed with regard to your assets, as it outlines who will receive your property upon death. A will also allows you to name a personal representative to administer your estate. Without a will, your belongings and estate will be subject to default Florida laws during the probate process and may not be distributed as you intended. Similarly, a will can also be used as a vehicle to appoint a guardian for any minor children you may have. If you do not have a will, the court will appoint a guardian based on criteria prescribed by Florida law, without considering your instructions.

In Florida, the creation of a will is still a very formal process and certain requirements must be met in order for your will to be valid. Thus, if you already have a will, or are in the process of drafting one, it may be important to check with a Florida wills and trusts attorney to ensure that all the proper procedures have been followed. A will may be changed or added to at any time during the person’s life. This can be done by drafting a new will or by creating a “codicil,” which is an amendment to the original will. In either situation, the same requirements and formalities applied to the original will must be followed in order for the changes to be valid.

Living Trusts

In addition to writing a will, Florida residents may also wish to consider the use of trusts in their estate planning. The living trust, also known as a revocable trust, is created in order to better allow a person to manage assets during their lifetime and to instruct the distribution of assets after death. Assets transferred into a living trust can bypass the lengthy and expensive probate process, resulting in a more efficient transfer of assets to beneficiaries upon death. A “grantor” is the individual who sets up the trust, and the “trustee” is the individual who manages the trust. Typically, in setting up the trust, the grantor will establish instructions for how the trust may be utilized during his or her lifetime, as well as instruct the trustee on how the trust should be distributed once the grantor has passed away. Typically, the grantor has full access to the trust while alive and may withdraw from it as needed. If the grantor becomes incapacitated, the trustee may step in to make decisions on the grantor’s behalf. This may allow the grantor to avoid the appointment of a guardian. As with wills, a trust must be properly set up and administered under the laws of Florida. If improperly created or incorrectly funded, a trust can be more burdensome than helpful to an estate. For this reason, it is important to consult a Florida attorney experienced in trusts if you are considering creating one.

We also advise our foreign clients on complex international inheritance and estate law matters. We regularly apply for foreign Certificates of Inheritance, as well counsel our international clients on how proper estate planning can take advantage of estate tax and tax treaty benefits between their country of residence and the US.