Estate Planning
This document names who receives your property after death.
What is a Last Will and Testament?
A legal arrangement where one person holds property for the benefit of another.
What is a Trust?
Minimum number of witnesses for a Florida Will
What is 2?
The initial, confidential information-gathering process where clients provide details on assets, family dynamics, and goals to attorneys or advisors via questionnaires or meetings.
What is Intake?
This term describes property passed down informally through generations without probate or a clear title transfer.
What is Heirs' Property?
This document allows someone to make financial decisions on your behalf if you become incapacitated.
What is a Power of Attorney?
The person who creates and funds the trust.
This requirement means the testator and witnesses must sign where they could see each other sign if they chose to look.
What is signing in the presence of each other?
If a client’s adult child answers every question for them during the meeting, the attorney should be concerned about this issue.
What is lack of capacity?
A common legal action used when co-owners cannot agree on what to do with inherited property.
What is Partition?
Parents often include this designation in their will to determine who will care for minor children.
What is a Guardian?
A trust that can generally be changed or revoked during the settlor’s lifetime.
What is a revocable trust?
A testator who cannot physically sign may direct someone else to sign their name, but this must occur in the testator’s presence and at the testator’s ______.
What is the testator's direction?
During a client interview, asking about family relationships helps identify potential conflicts such as these claims against a will.
What is Undue Influence?
After a Natural Disaster, most owners experience issues with insurance payouts and FEMA assistance.
What is Legal Issues Associated with Heirs' Property?
A Will signed with two witnesses but lacking notarization is still valid but lacks this probate convenience.
What is a Self Proving Affidavit?
This fiduciary manages trust assets and must act in the best interests of the beneficiaries.
What is the Trustee?
Any person who is of sound mind and who is not a minor may make a will.
What is Capacity?
A good estate planning interview should include questions about these people who would receive property if the client died without a will.
What is Heirs?
A form of joint property ownership where two or more individuals hold specific, potentially unequal, undivided interests in a property without right of survivorship.
What is Tenants in Common?
A document that outlines your medical treatment preferences in case you become unable to communicate your wishes.
What is a Living Will?
One common reason people use revocable trusts instead of relying only on a will.
What is avoiding Probate?
The burden of proving otherwise falls on the person challenging the document’s validity.
What is the Presumption of Capacity?
A good estate planning interview should include questions about these people who would receive property if the client died without a will.
What is Client's Inventory?
One major problem heirs’ property owners face when trying to improve or finance the property.
What is Unclear Title?