24 hours / 7 days a week

ORLANDO: 407-245-7723

TAMPA: 813-251-2701

Estate Planning

It is important to have an estate plan in place to avoid dying “intestate”. If you have not executed a will or a trust which states how you want your estate distributed at your death, then you are said to have died intestate. Without an estate plan, your property may end up in the hands of unintended beneficiaries and may be subject to unwanted fees, taxes and probate costs.

If you do not have a will or a trust, then the inheritance laws (laws of intestacy) determine how your property will be distributed. If you have no heirs that qualify for distribution according to state law, then your assets will be taken by the state. That is why it is important to have an estate plan even if you have no immediate relatives. An estate plan gives you the option to give your assets to whomever you choose. Otherwise, the state will choose for you.

There are many estate planning tools. The two most common are wills and trusts. Sometimes a will is the best choice for estate planning and other times a trust is more advisable. Generally a will is preferable when the estate is so small that there will be no need for formal probate or most assets are owned by husband and wife with a right of survivorship. A trust is necessary when there are young children who may be beneficiaries or where the estate is large enough that it needs to be tax protected and under certain other circumstances such as a second marriage or where a beneficiary has certain types of mental or physical restriction.

The DeWitt Law Firm helps clients with their estate planning need. We discuss the specifics of their family situation with them and advise them of the best estate planning tools to use for their needs. After arriving at an estate plan, we help our clients with its implementation by drafting the necessary documents, and advising them about funding any trusts created as a part of the plan. We also probate estates and litigate estate related disputes.


Related Practice Areas

DeWitt Law Legal Resources

bigstock-Answers-2453516 5 Common Errors Made in Alimony Cases

Alimony is one of the most contentious issues litigated in family law courts today. Pursuant to Florida law, the amount and type of alimony is based on, but not limited to, the following factors:

bigstock-Real-Estate-Lender-Home-Forecl-3098313 The Current State of the Paragraph 22 Defense in Florida

For years, homeowners defending mortgage foreclosure actions have raised what is commonly referred to as the paragraph 22 notice defense. They have asserted as an affirmative defense to mortgage foreclosure actions that their mortgage has certain very specific notice requirements that the lender must give prior to accelerating the amounts due under the mortgage. Homeowners and their defense attorneys previously argued that the lender must strictly comply with these requirements.

forweb When To File A Notice Of Appeal

Can you toll (extend) the time to file a notice of appeal by filing a motion for rehearing directed toward an order granting summary judgment? Many attorneys believe that the answer to this question is yes, as long as you file your motion for rehearing within 15 days.

Videos

Offices

Orlando Office:

Phone: 407-245-7723

37 N. Orange Avenue, Suite 840
Orlando, FL 32801

Tampa Office:

Phone: 813-251-2701

607 West Bay Street
Tampa, FL 33606