Probate and Trust

Florida Probate and Trust Law

Florida probate and trust law begins with estate planning for Florida residents. It needs to be based on Florida law because all fifty states have different estate planning laws. Probate in Florida differs from probate in New York. Trusts in Florida differ from trusts in Ohio. There are certainly similarities among state probate and trust laws, but in the end, each state differs. That’s why it’s important to have a Florida lawyer assist in estate planning, probate and trust matters for Florida residents and decedent’s.  For example, Florida’s probate and trust code is here.

Estate Planning Process

Estate planning considers three things: your family, your assets, and your desires. Documents are drafted to accomplish your plan based on existing laws and various situations. These documents may include wills, trusts, powers of attorney, declarations of preneed guardian, designation of health care surrogates, and living wills. Estate planning lawyers are taught and trained to draft these documents based on their clients’ desires.

Confidential Questionnaire

Most lawyers use a confidential questionnaire to obtain information from their clients for estate planning. A sample questionnaire is here.

Frequently Asked Questions

The underlying legal concepts in Florida estate planning arose hundreds of years ago in England, long before Florida became a state. This can make it difficult to understand the documents and terminology. So, there is an FAQ page here.