Estate Planning FAQ
Questions? We Have Answers!
At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of estate planning. If you are unsure how to plan for your future or if you need support in your duties as a trustee or executor, you can depend upon our 85 years of experience in Florida estate planning law. The legal complexities of planning an estate or serving as the trustee or executor for the estate of another can leave you with many questions, and some of the most common are:
What is an estate plan?
An estate plan is a legal guideline that details how a person wants his or her property to be distributed after death, and helps to protect the people and property that are most important to them. An estate plan commonly includes a will or trust.
How do I contest a will or trust?
There are situations in which friends or relatives question whether a will or trust reflects the true desires and intentions of the deceased. Depending on their suspicions, they can contest the will or trust with a procedural or substantive objection. If relatives or friends have reason to believe that the document was not created according to the standards of the law, or if they believe it was created fraudulently or while the deceased was being pressured or was incapable of rational thought, they can contest the will or trust in probate court.
What is probate?
Probate is the court-run process in which the deceased person’s will is reviewed to confirm validity, property and assets are identified and appraised, and then transferred to the heirs.
What if I die without a will?
If you do not create a will before your death, your estate will be distributed according to state laws.
Do I have to accept the position if someone has chosen me as their executor or trustee?
Absolutely not! Though it is an honor that someone chose you to look after their loved ones and property once they are gone, this job comes with great responsibility. The decision to be an executor or trustee should not be made lightly, and you are under no legal obligation to accept.
In need of an experienced Stuart estate planning lawyer?
If you have further questions about estate planning law or your specific situation, Crary Buchanan can help. We’re prepared to help you plant your future or carry out the wishes of a departed friend or relative. There is no need to be intimidated by the law or probate system when you have the support of the talented team at Crary Buchanan.
If you have more questions or want dedicated legal counsel to help plan your estate, call 772-218-9600 today.