Estate Planning Lawyer Melbourne, FL

When considering what type of estate planning tool to use, it’s important to understand the differences between a will and a trust, and the advantages and disadvantages of each, and our Melbourne, FL estate planning lawyer can help you do so. At the Law Offices of Arcadier, Biggie & Wood, an estate planning lawyer will be happy to meet with you and review your circumstances in detail. There are important tax considerations to keep in mind when planning one’s estate. One of our Melbourne, Florida attorneys can explain how this may affect you and what estate planning tools will work best for you.

Someday you will have to think about planning for your future, such as what kind of healthcare you wish to receive and how your assets will be protected and passed down to your loved ones. This is known as estate planning, which is the management of your entire estate, from your cash, possessions, accounts and other types of assets. Making an estate plan is something that should be done early while you are still healthy and can clearly communicate your plans. 

The Purpose of Estate Planning

Many people wrongly assume that estate planning is a task reserved only for the wealthy. However, depending on what your assets and goals are, estate planning can be something that you should consider. People of various incomes can find something to gain from estate planning, as it allows you to organize and distribute your assets so that they are legally protected. An estate plan is structured according to your specific personal interests and goals. The type of documents you include in your plan determine the function of your estate plan. You may want to include health care directives that inform your loved ones and medical care team about the choices that should be made on your behalf. You may want to include particular documents that make your transfer of assets go more smoothly, like a trust. There are many options that you can consider, so talk to a top estate planning lawyer to learn about the benefits of setting up an estate plan. 

The Importance of a Will or Living Trust

Leaving instructions for your heirs as to your final wishes is very important. Without a will or trust in place, they will have to make many decisions on their own and a judge may need to get involved. In addition, your assets will have to go through the probate process. That can be lengthy and adds costs to the equation. Whether you decide on a will, living trust, or both, an estate planning lawyer from our firm can help you. In this way, you will gain the peace of mind that comes from knowing your heirs will be taken care of in the way you intended.

The Probate Process

Probate is the process in which a court legally recognizes the will of a deceased individual. It can be a lengthy process, depending on how complex an estate is and potential issues that may come up during the probate period. Many people prefer to avoid probate as it can be quite expensive and make it harder for heirs to immediately access the assets handed to them. 

When a person dies, if their assets were not placed in a trust, they may be subject to the probate process. There are exceptions to this which an estate planning lawyer can explain, but if a person establishes a trust, they can ensure that their heirs will not have to deal with probate and may be able to avoid having to get the court involved as well. To learn more about probate, what to expect from it, and whether you can bypass it, speak to a trusted estate planning lawyer for information. 

Options for Living Trusts

You have choices for establishing a living trust, including which one you feel will work better for you. There are two main kinds: a revocable and an irrevocable trust. As with a will, you can change a revocable trust any time you wish. Though you cannot do this with an irrevocable trust, it does offer certain tax advantages that an estate planning lawyer from our firm can explain to you.

Deciding which type of trust is most beneficial and makes the most sense for you is not always simple or straightforward. An estate planning lawyer can give you more in-depth information and guide you so that you can make an informed choice. 

Estate Planning Considerations for Non-Citizens

In general, federal estate taxes are applied to the estates of individuals who have property located within the U.S. You should, therefore, take care to consider the tax consequences of leaving property in the U.S. versus your home country when working with an estate planning lawyer in Melbourne, FL to draw up the terms of your estate plan. In addition, you may want to ask a Melbourne FL estate planning lawyer about the benefits of creating a trust, as this legal tool can be uniquely beneficial when you are not a citizen and your assets are potentially more complex than the assets of most citizens, simply by virtue of the fact that your property may eventually become subject to the laws of more than one nation, depending on where that property is located.

Please also keep in mind that failure to create a will and/or general estate plan may leave your assets vulnerable to the probate process of whichever state eventually has jurisdiction over your estate. Ensuring that you have an estate plan in place is therefore important, as probate can tie up assets and place stresses on your loved ones in ways best avoided.

Approaching Estate Planning as a Non-Citizen

When you are a foreign national living outside of your home country, a host of different legal considerations tends to influence your daily actions. Where are you allowed to work? How many hours will your host country permit you to work? Are there restrictions on the time you may stay in your host country? If so, how does that influence your daily decision-making? Weighing legal considerations like these on a regular basis can be exhausting. So, it is understandable that foreign nationals would have concerns about constructing estate plans in accordance with the U.S. legal system, regardless of whether or not they plan to remain in the U.S. for an extended period of time.

None of us knows how long we have to enjoy our lives, so it is important to have a legally enforceable estate plan in place at all times. But it can be difficult to approach the concept of estate planning if you are living in a country outside of the one where you claim citizenship. Thankfully, you do not have to navigate this process alone. An estate planning lawyer in Melbourne, FL from our firm is happy to help you sort out your estate planning needs, regardless of your immigration or naturalization status. And as your needs, priorities and (if applicable) immigration status evolve, we will be happy to update your estate plan accordingly.

Making decisions

The most significant part of setting up a living will is taking the time to make decisions about hard choices. You will need to choose what you would want to do in the complicated medical situations of:

• Intubation: if you are unable to feed yourself do you want to be kept alive through other methods
• Ventilators: if you cannot breathe unassisted, would you like to be kept on life support and for how long
• CPR: would you want to be resuscitated if you should stop breathing?

There are more items to decide. These determinations are the purpose of a living will. You make choices about what to do in critical situations that you may not be able to make once the condition has occurred.

Documenting your decisions

Once you decide what you want, you need to create your living will. At this point, you should hire a lawyer to document your choices in a living will. There are online living wills, but with these decisions, it seems important to have a professional complete everything correctly.

Provide the completed document to your doctors to stay with your chart. Also, inform at least one family member of your decisions who can help to act as your representative. Selecting this person isn’t required, but it can be helpful. Keep one copy in a safe place, and carry a wallet-sized card that states you have a living will and where a copy can be found.

Timely Review

Do not simply forget about your living will. Professionals recommend that you review your decisions at least once every ten years. You should also review it if you have a significant change in your life like marriage, divorce, childbirth, or terminal disease. If you do change your mind about the conditions of your living will, you will need to:

• Make the changes to your living will with your lawyer
• Contact all parties that have copies of the old version to replace them
• Destroy all old copies

How medical events are going to be handled is important. You may no longer able to make decisions at the time of an injury. If you would like to be able to choose what will happen to you then, contact a lawyer today. They can help you set up a living will now so that you have control over making those decisions for yourself. After all, it is your body and your life. You should be able to decide what to do with it.

Crucial Estate Planning Steps

As an experienced estate planning lawyer in Melbourne, FL can explain, it is very important for all adults to have an estate plan in place, regardless of age or income. An estate plan guarantees that your last wishes will be carried when it comes to how your assets and property will be divided upon your death, as well as how financial and medical issues should be handled if you become incapacitated.

At the Law Offices of Arcadier, Biggie & Wood, we have been assisting clients with estate planning for many years and are happy to meet and discuss what your legal needs may be. There are steps that we can assist you in that will help protect your property and assets, as well as provide for your family when you are gone.

• Take an Inventory of Assets and Debts

The first place to start is by taking an inventory of everything that you own. You will want to keep this list in order to assist the person who will be the executor of the estate. You will also want to take an inventory of all the debts you have since the executor will be responsible for paying the estate’s debts. Having these lists will be a great resource for the executor and make it much more efficient when it comes to settling your estate. Otherwise, the executor could have a difficult time trying to find this information, creating a risk that something could be overlooked, which could cause legal issues.

• Make Provisions for Your Children

If you have minor children, your estate plan can create the provisions needed for their care in the event that something happens to you, as a Melbourne, FL estate planning lawyer can explain. You can appoint a guardian who you want to care for the children. This person will be in charge of making legal and other decisions for the children, so you will want to make sure this person is someone you trust. If you don’t name a guardian and you die, the courts would then name a guardian and it could be someone who you would not want responsible for your children. Any assets you will want used to take care of your children can also be set up at this time, as well.

• Document Your Wishes

Your estate plan is a way for you to document all of your wishes regarding how your assets should be distributed upon your death. Without these documents, the distribution of your assets and property will be decided by the courts. You can also document your wishes in the event you become incapacitated regarding both your financial affairs and your medical care. For example, if you do not have documentation specifying what medical measures and treatments you would accept if you were not incapacitated, then someone else would be making that decision and they could choose extraordinary measures when that is something you would not have accepted as treatment.

• Appoint a Fiduciary

You will also want to appoint the people you want handling all of these issues. You will need to decide who should be the executor of your estate, who should be trustee overseeing any trusts you set up, who should be granted power of attorney to handle your finances should you become incapacitated, and who will be granted health care power of attorney to handle your medical decisions.

Melbourne Estate Planning Infographic

Melbourne Estate Planning Statistics

According to national statistics, more than $2 billion is spent each year on probate, more than half of which is spent on attorney fees. Only 33 percent of Americans have estate plans in place, so it’s no surprise that these many estates end up in the probate courts, leaving beneficiaries to wait years before they receive their inheritance—after it’s eaten up by lawyer fees.

Don’t risk your estate being eaten up by legal fees and court battles. Contact a probate lawyer today to see what estate planning tools are available to benefit your family’s future.

Melbourne Estate Planning FAQs

Estate planning is a crucial aspect of managing your assets and safeguarding the future of your loved ones. It involves creating legal documents that outline your wishes regarding the distribution of your assets, the care of your minor children, and your healthcare decisions in case of incapacity. A comprehensive estate plan can help avoid conflicts among your heirs, minimize estate taxes, and ensure that your wishes are carried out as you intended. Consulting with a Melbourne, FL estate planning lawyer is an essential step in this process. They can guide you through the legal requirements, help you draft the necessary documents, and ensure that your estate plan is tailored to your specific needs and circumstances.

What does an estate planning lawyer do?

An estate planning lawyer is a legal professional who assists clients in creating and implementing legal documents that dictate how their assets will be managed or distributed after their death. This may include creating wills, trusts, powers of attorney, and healthcare directives. A lawyer can help you navigate the complex legal landscape to ensure your assets are distributed according to your wishes and that your loved ones are taken care of in the event of your death or incapacity.

Do I need an estate planning lawyer?

While it is possible to create an estate plan on your own, it is highly recommended to seek the assistance of a qualified Melbourne estate planning lawyer. They can help ensure that all documents are drafted correctly, that your estate plan complies with Florida law, and that your wishes are clearly and accurately represented. This can help avoid potential disputes and legal challenges down the line.

When should I start estate planning?

It is never too early to start estate planning. While many people think of estate planning as something only the elderly or wealthy need to worry about, the truth is that everyone can benefit from having an estate plan in place. This is especially important if you have children, own property, or have specific wishes regarding your assets or healthcare. An attorney can help you create a plan that addresses your unique needs and circumstances.

What documents are included in an estate plan?

A comprehensive estate plan may include a variety of legal documents, such as a will, a living will, a power of attorney, and a healthcare proxy. A trust may also be created to manage and distribute your assets according to your wishes. Your attorney can help you determine which documents are necessary for your situation and ensure they are properly executed.

How often should I update my estate plan?

It is recommended to review and update your estate plan every 3-5 years, or sooner if there are significant changes in your life such as marriage, divorce, the birth of a child, or a substantial change in your assets. A Melbourne estate planning lawyer can help you make necessary updates to your estate plan to ensure it remains current and effective.

Probate FAQs

After a loved one passes away, handling their estate often brings up many legal questions. For families in Brevard County, probate is often a necessary step after a death, especially when assets need to be transferred to heirs or debts need to be settled. As we assist our clients through the legal steps involved, we’re often asked some recurring questions about how probate works, who needs to be involved, and what the process actually looks like. If you’re looking for guidance specific to your family’s situation, our Palm Bay, FL probate lawyer can help clarify your options.

Can Probate Be Contested By Family Members?

Yes, family members can contest a probate case, but only under specific circumstances. Common grounds include claims that the will was made under undue influence, that the person lacked mental capacity at the time it was signed, or that the will doesn’t meet legal requirements. Contests must be filed in probate court, typically early in the process. If you believe something about the estate plan is not valid, speaking with a probate litigation attorney early can help avoid delays and protect your rights.

How Do I Start The Probate Process?

Our Palm Bay probate lawyer will share that to start probate, the person named as executor in the will—or a close relative if there is no will—needs to file a petition with the probate court in the county where the deceased lived. This petition includes the death certificate and the will, if there is one. Once the court approves the petition, the appointed person (called the personal representative in Florida) is legally authorized to handle the estate. As estate attorneys, we help clients complete and submit the necessary documents so they can meet the legal requirements without unnecessary delays.

What Is The Difference Between Probate And Estate Planning?

Probate is the legal process used to settle a person’s estate after they pass away, while estate planning involves the actions someone takes during their lifetime to decide how their assets will be handled after death. Wills, trusts, powers of attorney, and living wills are all part of estate planning. If done properly, estate planning can actually reduce or eliminate the need for probate. That’s why working with a Florida estate lawyer during life can simplify things for your family down the road.

Can Probate Be Done Without Going To Court?

In some cases, yes. Florida allows for simplified probate procedures under certain conditions, such as when the estate is small or when assets were jointly owned or placed in a trust. Summary administration is one form of simplified probate available when the estate is valued under a specific threshold or when the deceased has been gone for more than two years. However, even in simplified cases, legal filings are still required, and working with a probate legal advisor can help keep everything on track.

What Documents Are Required For Probate?

Several documents are typically needed, including the death certificate, the will (if one exists), a list of known assets and debts, and contact information for heirs and beneficiaries. The court may also require affidavits, notices to creditors, and receipts for distribution. Having organized financial and legal records can speed up the process and reduce the chance of disputes. When we work with families, we help gather and prepare the paperwork to file with the appropriate probate court.

Working Through Probate

Our Palm Bay probate lawyer can help you take the first steps with confidence and make sure you understand what’s required in your situation. Whether you’re facing a disputed will or just need help handling the formal probate steps, we’re here to support you at every stage. Our firm is deeply connected to the Brevard County legal community and has experience with both uncontested estates and court-supervised probate cases. Attorneys like those at the Law Offices of Arcadier, Biggie & Wood can help you manage this process and protect your loved one’s legacy.

Melbourne Estate Planning Glossary

When working with our Melbourne, FL estate planning lawyer, you’ll likely come across legal terms that may sound unfamiliar. While these terms are part of the legal process, they often carry significant meaning for your financial future, healthcare decisions, and the legacy you leave behind. Whether you’re preparing documents for yourself or a loved one, understanding this terminology can help you make more informed choices and reduce confusion during important conversations. Below, we explain several key legal terms often used in estate planning.

Will

A will, also known as a “last will and testament,” is a legal document that outlines how a person’s assets should be distributed after their death. The person creating the will, called the testator, can name specific beneficiaries to receive property, personal belongings, or financial accounts. A will also allows the testator to name a guardian for minor children and an executor who will be responsible for carrying out the terms of the document. Without a valid will, the state’s laws of intestacy determine how assets are distributed, which may not reflect the deceased person’s true wishes.

Trust

A trust is a legal arrangement in which one party, known as the grantor or settlor, transfers ownership of property to a trustee who manages the assets for the benefit of a third party, called the beneficiary. Trusts can be used to avoid probate, reduce estate taxes, protect assets from creditors, and control how and when assets are distributed. They come in many forms, such as living trusts (created during the grantor’s lifetime) and testamentary trusts (established through a will). According to our experienced Melbourne estate planning lawyer, a trust can be customized based on your goals and may be an essential part of a well-rounded estate plan.

Healthcare Directive

Also known as an advance directive or living will, a healthcare directive lets you communicate your medical treatment preferences ahead of time. This document often includes instructions for end-of-life care, resuscitation, and life-sustaining measures. In addition, you may designate a healthcare agent who can make medical decisions on your behalf if you’re unable to communicate. A healthcare directive gives peace of mind to both you and your loved ones by eliminating uncertainty during stressful situations and making sure your values and wishes are respected.

Irrevocable Trust

An irrevocable trust is a type of trust that, once established, generally cannot be modified or revoked without the consent of the beneficiaries. When assets are placed into an irrevocable trust, they are effectively removed from the grantor’s personal ownership, which can offer asset protection and reduce estate tax liability. These trusts are often used for Medicaid planning, charitable giving, or protecting wealth for future generations. Because of their permanence, irrevocable trusts require careful planning and are usually used when the benefits outweigh the loss of control over the assets.

Decedent

The term decedent refers to a person who has passed away, leaving behind assets, debts, or other legal matters to be resolved. In estate law, the decedent’s property becomes part of their estate, which is then managed according to their will or, if no will exists, through the state’s intestacy process. Estate planning documents, including wills and trusts, are used to express the decedent’s intentions for how those assets should be handled. The term is used frequently in probate court and legal documentation. Working with our knowledgeable Melbourne estate planning lawyer can help you prepare these documents correctly and with confidence. At Law Offices of Arcadier, Biggie & Wood, we have over seventy-five years of combined legal experience guiding individuals and families through every step of the estate planning process.

Law Offices of Arcadier, Biggie & Wood, Melbourne Estate Planning Lawyer

2815 W New Haven Ave, Melbourne, FL 32901

Contact Our Melbourne Estate Planning Lawyer Today

If you have questions about estate planning and are a foreign national, please consider scheduling a consultation a Melbourne FL estate planning lawyer from our firm. Once we learn about the particulars of your situation, we will be able to advise you of your estate planning options. A host of legal and financial tools exist designed to protect the property-related and medical care wishes of adults. But not every tool is right for every individual. While it is important for all adults to have certain basic documents, like a will and an advanced healthcare directive, other estate planning tools may or may not be right for you as an individual. Scheduling a consultation with an estate planning lawyer Melbourne, FL clients recommend from the Law Offices of Arcadier, Biggie & Wood will help to clarify your options and allow you to make informed decisions. We look forward to speaking with you.