PLEASE NOTE: Due to the recent effects of the COVID-19, we are offering clients and prospective clients the ability to meet with us via telephone and/or video conferencing. It is important to us to continue to assist you in any way we can. Please do not hesitate to call our office and let our family help yours.

Dickman Law Firm Knowledge, Experience, Dedication

For Your Free Consultation 
Se Habla Español

As a result of Hurricane Ian, our office is experiencing technical difficulties with our phone lines. Until further notice please contact 239-691-9677 or 305-299-0881 or email us directly for assistance. Thank you.

Let Our Family Help Yours

Let Our Family Help Yours

Let Our Family Help Yours


Let Our Family Help Yours

The basics of creating an estate plan

by | Sep 6, 2018 | Probate | 0 comments

Florida fans of Aretha Franklin may know that she died without an estate plan despite the fact that she had a special-needs son and her health was poor. Prince also died without a will, and his relatives have still not received any payments from the estate. While most people do not have to worry about estate tax with the federal exemption currently at $11.18 million, there are a number of other reasons to create an estate plan.

Without a will, state law decides what happens to a person’s assets. A will can name an executor to oversee the process of identifying and distributing assets and a guardian for minor children. A person might also want to avoid probate and keep an estate plan private. In that case, the person may want to set up a living trust. Once the trust is created, it is necessary to transfer assets into it.

Married couples should have estate plans that are separate but compatible. Beneficiary designations and property that is jointly owned with right of survivorship must also be compatible with the estate plan since these override instructions in a trust or will. An estate plan also needs to be reviewed regularly since changes in family or a person’s assets could mean it needs to be updated.

One advantage of working with an attorney to create an estate plan is that an attorney can help ensure that the documents are prepared correctly. This means it is less likely that any legal challenges will be successful. An attorney may also assist in preparing powers of attorney to appoint people to make medical and financial decisions if the person becomes incapacitated.