Estate planning is not just about what you want to do with your things, it is about the peace of mind that you provide to your loved ones that your desires and wishes are carried out, in life and in death.
Wills & Trusts
The legal requirements that come along with drafting and executing a will are numerous and complex. While online programs may allow you to download a form, many do not provide you with the correct testamentary language to ensure your property is transferred to those who you wish to have it. Aside from the specific language required to properly devise your estate, the procedural requirements and formalities to execute a will can be lost in the process if an attorney is not involved. If the procedure is not proper, your will could be deemed invalid and your estate plan mute to a probate court.
Our firm focuses on each individual’s needs. We listen to your needs and desires, and help you formulate an estate plan that is affordable and practical. Our attorneys’ goals are to help your estate avoid going to probate and to not create unnecessary estate planning documents (No, not everyone needs a trust).
Advanced Directives (Power of Attorney, Healthcare Surrogates, Living Wills)
At any moment, any one of us could need assistance maintaining our health, safety, or assets. At Britton Law, we understand it’s not always easy to relinquish control over portions of your life, but we encourage you to be proactive so that you know who will be providing care and how the care is administered. With compassionate guidance, we will be hands-on in making sure the right decisions are made, and when the time comes, you get what you need, when you need it.
Legal planning for your estate not only involves your last will and testament, but also living wills, revocable and irrevocable trusts, healthcare surrogates, assigning powers of attorney, and many other planning tools. Our firm concentrates on staying up-to-date in the ever-changing trust and estate laws, and making your wishes materialize smoothly and with little expense to your loved ones.
Power of Attorney: When an individual (called the “principal”) wants to give a power (i.e., to contract) that they possess to someone else (the “agent”), they do so through a power of attorney. A power of attorney can be very limited or very broad in what powers the principal wants to share with the agent. You should always consult with an attorney when executing a power of attorney to discuss why you need a power of attorney and to ensure that the power of attorney you execute is sufficient for your desires.
A power of attorney is also a very useful estate planning tool. Often times, a power of attorney can be used to take care of someone who is otherwise incapacitated instead of having to result to a guardianship (see our guardianship section). Executing a power of attorney in favor of a trusted loved one when you have capacity can save you lots of money that would be expended to establish and maintain a guardianship. In the event that a guardianship is needed, you can also designate who you would want your guardian to be in a power of attorney.
Healthcare Surrogate: Who will make decisions for you if you are unconscious and unable to communicate your health care desires? A healthcare surrogate designation is a legal document that informs doctors, hospitals, medical clinics and other healthcare providers who it is that you want making those decisions. There have been many unfortunate cases in the media that have shined the light on the importance of designating a healthcare surrogate, as well as executing a living will.
Living Will: A living will is not at all related to your last will and testament. The living will is a document that tells medical providers what you would want to happen if you should be in a terminal end stage condition (commonly referred to as a “vegetative state”). It is your decision and should you so desire, our job to draft a legally enforceable document that would carry out those wishes. Like the healthcare surrogate mentioned above, there have been many notable cases in the media that this document could have prevented had it been executed.
Designated Pre-Need Guardian for Children: In the unfortunate case where something were to happen to you, who would take care of your children? In Florida, the legislature allows parents to plan for these situations by declaring a pre-need guardian for their child(ren). Both parents, or the surviving parent, may make and file with the clerk of the court a written declaration naming a guardian of the child’s person or property to serve if both parents die or become incapacitated. A guardian may also be designated in a will, but the effect is not as immediate nor does it raise the same presumptions for the court that a designation filed with the clerk would bring.