What is a comprehensive Estate Plan?

Estate Planning Attorney in Florida – Get Professional Help from Fosky Law PLLC

Do you live in Florida and looking for an Estate Planning Attorney? Look no further than Fosky Law PLLC. We are an experienced law firm that specializes in estate planning and offers a range of services for individuals and families in the area. Our attorneys are experts in creating wills, trusts, and other documents to help you plan for the future.

What Does an Estate Planning Attorney Do?

- A will is a foundational document in estate planning. It allows you to specify how you want your assets, including property and personal possessions, to be distributed after your death.

- In your will, you can name a guardian for your minor children. This is crucial because it determines who will care for your children if both parents pass away.

Revocable Living Trust:

- While not strictly required, a revocable living trust can be a valuable addition to your estate plan. It allows you to transfer assets into the trust during your lifetime, and those assets can be managed and distributed according to your instructions.

- A living trust can help avoid probate for assets placed within the trust, ensuring a smoother and more private transfer of assets to your heirs.

Durable Power of Attorney (POA):

- A durable POA designates someone (your "agent" or "attorney-in-fact") to make financial and legal decisions on your behalf if you become incapacitated or unable to make decisions for yourself.

- This document is essential for managing financial matters and paying bills during your incapacity.

Healthcare Power of Attorney (Healthcare Proxy):

- A healthcare power of attorney appoints someone to make medical decisions for you if you are unable to do so due to illness or incapacity.

- It should also include your wishes regarding end-of-life medical treatment, which can be detailed in a living will (discussed next).

HIPAA Authorization:

- The Health Insurance Portability and Accountability Act (HIPAA) protects your medical information. A HIPAA authorization allows specific individuals (usually family members) access to your medical records and information, ensuring they can make informed healthcare decisions.

Letter of Intent (or Letter of Instruction):

- While not a legally binding document, a letter of intent provides guidance to your executor, trustee, or guardians regarding your wishes, including details about your children's upbringing, education, and specific preferences that may not be covered in other documents.

Beneficiary Designations:

- Some assets, such as life insurance policies, retirement accounts, and payable-on-death (POD) accounts, pass directly to beneficiaries outside of your will or trust. Ensure that your beneficiary designations are up-to-date and aligned with your overall estate plan.

Child Protection Plan:

- This document is not a legal requirement, but it can be helpful. A child protection plan outlines your wishes for the care and upbringing of your children, including instructions for temporary guardians if something happens to you and the other parent.

It is essential to work with an experienced estate planning attorney in Florida to create and maintain these legal documents. Laws and regulations related to estate planning can change, so professional guidance ensures that your plan is current and in compliance with state law. 

Additionally, regularly review and update your estate plan to reflect any changes in your family situation or financial circumstances.