Estate Planning Attorney in Gainesville, Florida
Trusts, Probate, and Estate Planning
Wills, Trusts, and Estate Planning in Gainesville, Florida
Why choose PTM for wills and trusts?
I am attorney Blakely Moore, and I focuses my practice on estate planning, probate, and trust law. That means that my legal knowledge is honed in on these specific areas. I often tell my clients that if you want a lawyer who does a little bit of everything, then you should go somewhere else. But if you want a lawyer with a deep knowledge of the laws surrounding wills and trusts, consider scheduling up a free consultation.
I believe that when it comes to estate planning, you want someone who isn't spreading themselves thin across every area law. The law is incredibly complex and each area of legal practice is a mile wide. This is certainly true of Florida estate planning. That is why you want a lawyer who focusses only on estate planning, probate, and trust law. Estate planning should not by a hobby or side practice for your lawyer; it needs to be a focused skill.
Because I believe that depth of knowledge is a requirement for any Florida probate lawyer, I have spent a significant amount of time delving into the nitty-gritty of wills and trusts, so you can trust I knows the ins and outs. To see this for yourself, take a look at some of my articles on revocable trusts, lady bird deeds, or wills. I write about the law both to keep my clients informed and to keep myself sharp.
Choosing a lawyer is a big decision, especially when it comes to your assets and future. That is why I try to stay ahead of any legal shifts that might affect you. I have given multiple presentations to other Gainesville probate attorneys on updates to the Florida Trust Code. I have gotten a reputation in the Gainesville legal community for being a trust and estates nerd. I was educated at the University of Florida Levin College of Law, and to be honest I never stopped learning.
If you want a lawyer with a deep knowledge of the laws surrounding wills and trusts, consider scheduling up a free consultation. It's on the house. Take a seat, have a chat – you might just find the legal ally you've been looking for. The office is located near the Oaks Mall.
What is estate planning?
Estate planning is a legal process that involves the systematic arrangement, management, and disposition of an individual's assets, properties, and obligations during their lifetime and after death. The process typically aims to achieve specific financial and personal objectives while ensuring the seamless transfer of assets to chosen beneficiaries. This seamless transfer is often referred to as “avoiding probate.”
Many of my clients visit me after dealing with the death of a parent or other relative who had no estate plan. These clients have seen firsthand how frustrating the process can be without a plan in place. No plan often means delays, extra costs, and unnecessary frustration. And no one wants to leave a mess for their loved ones to clean up.
Key components of estate planning typically include the creation and execution of legal documents such as wills, trusts, powers of attorney, and advance healthcare directives. These instruments serve to articulate the individual's wishes regarding the distribution of assets, appointment of fiduciaries, and provisions for potential incapacity. All of these instruments are valuable, but two principal instruments dominate the landscape of estate planning: wills and trusts. A will functions as a personalized directive, articulating the distribution of assets, appointment of a personal representative, and other essential matters. Conversely, trusts operate as a way to keep the courts largely out of your estate plan, affording a measure of privacy and efficiency by sidestepping probate procedures.
Contrary to common misconceptions, estate planning is not an exclusive privilege of the affluent. I work with clients from all kinds of backgrounds and with all sorts of concerns. Some of my clients have very little in discretionary income, and others have millions of dollars at their disposal. Estate planning is not just a tool for the rich. I wany to be of service to everyone.
What is an estate planning lawyer?
An estate planning lawyer is a attorney who focuses on the law surrounding the drafting and administration of wills and trusts. Estate planning lawyers are also sometimes referred to as “wills attorneys” or “probate attorneys”. Estate planning attorneys work closely with their clients to understand their unique circumstances and goals, and they tailor legal documents and strategies to meet those specific needs. Whenever possible, I try to customize my clients’ estate plans to match their individual goals.
Furthermore, estate planning lawyers are instrumental in facilitating the probate process, guiding the executor or administrator through the legal procedures necessary to validate and execute the terms of a will. Their proficiency in probate matters helps streamline the often intricate and time-consuming process, minimizing the burden on grieving families and ensuring a timely distribution of assets. Alternatively, if probate was avoided (which is often the case if a good plan was created), then the attorney assists in the seamless transfer of assets.
In essence, the role of an estate planning lawyer encompasses a holistic approach to preserving and transferring wealth while considering the unique circumstances, values, and aspirations of each client.
Trusts and Wills in Gainesville, Florida
Do wills go through probate in Florida?
Yes, wills must go through probate to be administered. The will is deposited with the clerk of court and made part of the official court record. The decedent's estate is then administered in accordance with the terms of the will. This legal procedure ensures that the deceased's wishes, as outlined in the will, are carried out in a systematic and lawful manner. I assist my probate clients with each of these steps, and often handle the parts of the process entirely.
During probate, the court validates the authenticity of the will, confirming that it meets the necessary legal requirements and was executed in accordance with the law. Once the court establishes the validity of the will, the appointed personal representative, as designated by the decedent in the will, takes charge of administering the estate. The personal representative’s responsibilities include gathering the decedent's assets, paying off outstanding debts and taxes, and ultimately distributing the remaining assets to the designated beneficiaries as stipulated in the will.
While the probate process is a legal requirement for wills in Florida, the state provides different probate options, including formal administration, summary administration, and, in some cases, a streamlined process for small estates. The chosen probate procedure depends on factors such as the size of the estate and the complexity of its administration.
What is a Florida trust attorney?
A Florida trust attorney is a lawyer who practices law in Florida, focusing on the law surrounding trusts. Often this lawyer will be an estate planner, as estate planning frequently involves the use of trusts. Trusts attorneys can help you draft a trust, administer a trust, or litigate a trust. This means that trusts attorneys are often sought out by both trustees and trust beneficiaries. In either case, you want a trust attorney that knows trust law well.
I take a lot of pride in knowing the Florida trust law. I am in the process of doing a deep dive into the Florida Trust Code, providing legal commentary for other trust lawyers to read and engage with. I sometimes get calls from other lawyers who ran across my articles, and it always brings my joy to know that other professionals are reading my work.
How does a trust work after someone dies in Florida?
After someone dies, all assets placed into the decedent's living trust continue to be in trust. Usually, a new trustee will need to be appointed after the death of the decedent. The new trustee is called a "successor trustee" and manages the trust assets according to the terms of the trust instrument. The successor trustee takes over the trust without the involvement of the probate court.
More often than not, a trustee will oversee distributions to trust beneficiaries. These distributions may be immediate or they may be made over time, depending on hew the trust is drafted. The trustee will be required to follow both the terms of the trust and the provisions of the Florida Trust Code.
I get a lot of calls from successor trustees, and typically that means that the decedent did something right by setting up a means to avoid probate. But you need to make sure that the trust is drafted well. A trust instrument needs to comply with the law and with the intent of the person creating the trust. I work hard to make sure every trust I draft accomplishes both of those goals.
What are some tips for finding and choosing an estate planning attorney in Gainesville, Florida?
To find a Gainesville trust attorney, you can type "estate planning attorney near me" into a search engine and see what results come up.
Avoid using search terms such as “best estate planning attorney” because this kind of search term tends to be targeted by unethical lawyers and because search engines have a difficult time evaluating vague qualities such as who is “best” in a professional capacity.
A trust attorney focuses on trusts as a main area of practice, so look for an attorney that understands the administration of trusts, the drafting of trusts, and the litigation of trusts.
Look for a qualified attorney that focuses on estate planning and probate as primary practice areas.
Make sure the attorney is licensed to practice law in Florida.
If you want an affordable wills attorney, try to schedule a free consultation and ask for a price quote after explaining your situation to the attorney.
Look for articles written by the attorney on trust law. Many good trusts attorneys will write about the law surrounding trusts, and that can give you a feel for how knowledgeable your attorney is.
