Estate Planning Attorney in Boynton Beach, FL
Are You Looking To Build An Estate Plan?
At Fischetti Law Group, we help you plan for the future so your family will be taken care of when you’re gone. Every client has different legacy goals. An estate planning attorney in Boynton Beach, FL, can provide you with the guidance you need to make an estate plan that protects your loved ones and minimizes complications.
Fischetti Law Group can help you navigate all of the major decisions. These include drafting a last will and testament, naming a power of attorney, setting up trusts, and more. We recognize that estate planning can be an intimidating and emotionally charged process. Our lawyers provide you with compassionate support as well as knowledgeable legal advice.
Don’t wait to protect your assets and put a plan in place for your beneficiaries. Call 833-645-3247 to speak with a Boynton Beach estate planning attorney. Fischetti Law Group serves clients throughout Palm Beach County, including West Palm Beach, Delray Beach, Wellington, Palm Springs, and other communities.
What Is Estate Planning, Exactly?
You may have heard the term “estate planning” before, but you might not have a complete understanding of what it is. An estate plan provides direction for personal and medical decisions while you are alive, as well as the management and distribution of assets after you pass away. Estate planning is the process of making your wishes legally enforceable.
Key components of estate planning often include:
- Writing a will that specifies how your assets should be distributed
- Creating trusts to hold your assets, avoid probate, potentially reduce tax burdens, and provide for children and other dependents
- Giving someone you trust power of attorney so they can make medical, financial, and legal decisions if you are incapacitated
- Setting up healthcare directives so your medical wishes can be respected
- Making guardianship provisions for the care of your children
People often think estate planning is only for the wealthy. In reality, having an estate plan is beneficial regardless of your income or stage of life. At Fischetti Law Group, an estate planning attorney in Boynton Beach, FL, can help you safeguard your legacy and find peace of mind.
Cheyenne Pearson, Esq.
Why Estate Planning Matters in Florida
You've likely seen ads for free or low-cost services that allow you to create a will yourself. Unfortunately, the DIY approach comes with a number of pitfalls. In Florida, wills must meet very strict requirements to be considered valid. Mistakes, ambiguities, and omissions can create big problems for your family after you're gone.
Our local estate planning lawyers can ensure that your will and other parts of the estate plan conform to Florida's legal requirements. This includes the unique homestead protection rules, which specify how your most valuable asset – the family home – must be passed down.
A properly executed estate plan will provide clear instructions for the distribution of your home and other property and assets. It can also help prevent disputes among family members and other beneficiaries.
What Is Probate in Florida?
Probate is the process where a court oversees the distribution of assets upon someone's death. This process can be time-consuming and costly, and the court's decision may run counter to your wishes if you don't have a valid will in place.
Simply having a will isn't enough to avoid probate in Florida. A skilled estate planning lawyer in Boynton Beach can employ strategies such as setting up trusts and designating beneficiaries to potentially avoid probate and save your family time and money.
Bottom line: Estate planning matters because it gives you control over what matters most. A qualified attorney at Fischetti Law Group can help you plan for the future, solidify your wishes, and make sure your family receives the financial resources and other assets you want them to have.
Our Estate Planning Services in Boynton Beach
When you choose Fischetti Law Group, you are selecting an estate planning law firm that puts you first. The initial consultation is your opportunity to meet our team, discuss your situation, and find out how we can help you draft an estate plan tailored to your needs and goals.
Our communication skills and legal acumen are second to none. These qualities are crucial in all aspects of estate planning:
Wills & Trusts
A Boynton Beach wills and trusts lawyer can help you draft a will that clearly outlines how your assets should be distributed. We see to every last detail and leave no room for confusion when it comes to appointing a personal representative, selecting beneficiaries, etc. Our attorneys' in-depth knowledge of the Florida Probate Code also ensures that your will is drafted properly and enforceable.
We also help clients establish trusts to protect their assets and control how and when they are distributed. Our lawyers can discuss the differences between revocable and irrevocable trusts and find the best option for you. A well-structured trust can provide protection for your assets (both during your lifetime and after) and potentially avoid the expense and delays of probate.
Powers of Attorney
An estate plan isn't just for after you're gone. It is also important to plan for contingencies while you are alive. A power of attorney designates an individual to make decisions on your behalf if you are incapable of communicating your wishes. Our lawyers can help you choose a trustworthy person to take on these responsibilities, as well as define the scope of their powers. This may include medical power of attorney, financial power of attorney, etc.
Healthcare Directives
While a medical power of attorney appoints somebody to decide about healthcare matters on your behalf, healthcare directives are written documents that specify your preferences in different medical situations. Examples of healthcare directives include:
- Living wills
- Do not resuscitate orders (also known as a DNR)
- Orders concerning CPR, ventilator use, artificial nutrition and hydration, etc.
- Instructions for organ and tissue donation
- Pain management and palliative care preferences
Starting your Estate Planning journey? Don't forget about these 10 Healthcare Directives.
Guardianships
Estate planning is particularly important for parents of minor children and people with vulnerable family members. In certain instances, there may be the need to have a guardian(s) appointed for children and other dependents. This is why it is critical to discuss who a suitable guardian(s) would be when preparing your will.
By taking meticulous care with the paperwork and communicating with you openly throughout the process, a Boynton Beach estate planning lawyer can create a comprehensive framework for making sure your wishes are respected regarding your assets, dependents, and your health care.
Our attorneys also explore options for avoiding probate. This is critical for transferring the estate to your beneficiaries as smoothly as possible, as well as minimizing federal taxes, legal fees, and other expenses.
What Type of Lawyer Do I Need for Estate Planning?
You need a lawyer who focuses their practice on wills, trusts, and estates. This is the area of law concerned with estate planning and probate matters. Your attorney should have all of the following:
- Experience with Florida estate law: You need an attorney with extensive experience navigating Florida's unique probate rules, homestead exemptions, and other estate laws. They should also be able to advise you of tax considerations when making a will, setting up trusts, etc.
- Detail-oriented approach: Minor mistakes can render wills, trusts, powers of attorney, and other documents invalid. A skilled estate planning lawyer will take pains to ensure that every detail is correct.
- Clear communication: Your attorney needs to be able to explain, in clear language, the complex legal concepts underlying estate law. This will help you make informed decisions and feel confident in your estate plan.
- Personalized estate planning: The law firm you select should be well-versed in situations like yours. Look for an attorney whose experience aligns with your needs (e.g., estate planning for high net worth individuals, establishing guardianships for families with young children, business succession, etc.)
- Excellent reputation: Read reviews to see what clients have to say about the firm. Qualities such as accessibility, compassion, and diligence are especially important in an estate planning attorney.
At Fischetti Law Group, we help clients transform their wishes and preferences into legally valid wills and other estate plan documents. Communication is the cornerstone of our firm. We listen closely to each client’s story so we can provide them with sound legal advice, protect their interests, and cement their legacy.
Need an estate planning attorney in Boynton Beach? Contact Fischetti Law Group today.
FISCHETTI LAW GROUP
Why is Having an Estate Planning Attorney Important?
Asset Protection
Strategic estate planning ensures your assets are safeguarded and directed to your chosen beneficiaries, while also minimizing potential tax burdens. Without it, your assets may not be distributed as desired and could incur significant taxation.
Healthcare Decisions
Unexpected events are a constant reality. By establishing living wills and healthcare proxies, you can specify medical preferences in case you're unable to make decisions. This ensures that your wishes are respected during critical times.
Avoid Probate
Probate is a costly and lengthy process. Having a will isn’t enough to avoid going through probate. An experienced estate planning attorney can explore strategies to reduce probate court involvement or even sidestep the process altogether.
Continuity of Wishes
Estate planning allows for the smooth distribution of wealth and assets. This is critical for family unity and minimizing disputes. Involving family and open communication can preserve your legacy for future generations.
What Is the Process of Estate Planning?
Fischetti Law Group strives to make estate planning as simple and stress-free as possible. Our attorneys guide you every step of the way, creating an estate plan that reflects your preferences and goals while complying with Florida law.
Here is what you can expect when working with an estate planning attorney in Boynton Beach, FL:
1. Initial Consultation
The first step is the initial meeting with our attorneys. You can schedule an appointment at our office in Boynton Beach or Fort Pierce, or we can meet with you in the comfort of your home. During the initial consultation, we will discuss your unique situation in detail:
- Your goals and concerns, including who you want to inherit your property, how to provide for children and dependents, and medical and end-of-life decisions
- Assets (real estate, bank accounts, retirement accounts, investments, business ownership interests, etc.) and liabilities (i.e., debts and other obligations)
- Your family situation, including marital status, children and grandchildren, and family members with special needs
Based on these factors, we can provide an educated estimate for how long it will take to make your estate plan. We will also discuss the potential cost and how our fees are structured.
2. Reviewing Important Documents
Should you decide to move forward with Fischetti Law Group, our team will work with you closely to design an estate plan customized to your legacy goals. To do this, we refer to a number of different documents:
- Property deeds, home titles, mortgage statements, and other real estate records
- Documentation of other valuable assets (vehicles, collectibles, etc.)
- Recent bank statements, investment portfolios, and retirement accounts
- Life insurance policies
- Partnership contracts, articles of incorporation, and other business ownership documents
- Debt information (credit card statements, personal loans, etc.)
- Your current will or estate plan, if applicable
Ideally you will be able to gather some or all of these documents prior to the initial consultation with a Boynton Beach estate planning lawyer. Our team can advise you of any additional materials or records we may need.
3. Drafting Your Estate Plan
Based on your particular needs, our attorneys can prepare the various documents required for your estate plan. These may include:
- Last will and testament
- Revocable and/or irrevocable trusts
- Powers of attorney
- Beneficiary designations
- Advanced healthcare directives
- Guardianship nominations (if applicable)
- Business succession plan (if applicable)
Once the documents are drafted, we will review them with you and answer any questions you may have. Fischetti Law Group's emphasis on clear communication is invaluable here, as we will take the time to clearly explain the estate plan so there is no room for misunderstandings.
4. Signing & Finalizing the Paperwork
Florida Statutes § 732.502 governs the execution of wills, including signature and witness requirements. We supervise the signing to make sure the will is properly signed and executed. This is critical for making the will legally enforceable and preventing potential problems at probate.
5. Updating the Estate Plan Amid Life's Changes
Think of your estate plan as a living document. If your life changes (e.g., you get married or divorced, you have children, you buy a home, you start a business, etc.), then your estate plan needs to change in kind. Our lawyers can help you modify and update your estate plan in accordance with new laws, changes in circumstances, and more.
Contact an Estate Planning Attorney in Boynton Beach, FL
Writing a will, setting up a trust, and planning your estate are highly technical tasks. Mistakes can have major repercussions later in life or after you pass away. Clients of Fischetti Law Group have the peace of mind that only comes from hiring qualified legal professionals.
Our estate planning attorneys are compassionate, detail-oriented, and dedicated to securing your legacy. Call 833-645-3247 to get started. Fischetti Law Group serves clients throughout South Florida, including Boynton Beach, West Palm Beach, and beyond.
Key Components of an Estate Plan
How to Start Estate Planning
FAQs
1What is Estate Planning?
Estate planning is the process of legally arranging for the management and distribution of your assets and property after your passing. It involves creating legal documents such as wills, trusts, and employing the powers of an estate planning attorney to ensure that your wishes are carried out regarding the inheritance of your assets and the care of your loved ones. Estate planning helps protect your family’s financial future and can minimize potential conflicts or legal complications during the probate process.
2What are the objectives of an Estate Planning Attorney?
One of the most urgent goals of an estate planning attorney when creating an estate plan is outlining the distribution of assets to the beneficiaries of your choice. The heirs or beneficiaries that you choose will get the property, money, or other assets assigned to them.
Another goal of estate planning is to accrue the least amount of taxes, legal fees, and court costs related to asset distribution once the wishes in your estate plan are carried out. Many estate plans are uncarefully planned, and assets end up getting heavily taxed. Our Boynton Beach estate planning attorney can also help you navigate the task of minimizing taxes.
What We Can Do For Your Children
Assigning guardianship for underaged children so they get the care they need is a very important goal of estate planning. It should be a priority for young families. That way, in case the unexpected occurs, your family is prepared.
A proper estate plan should also aim to include instructions for your care if you become disabled before you pass away. A healthcare proxy or living will outlines your healthcare directives in case you're incapacitated.
You should review your estate plan as your family, financials, and state laws change to make sure your decisions are still the most beneficial to everyone involved in your estate plan.
3What is a Will?
A will, also known as a "last will and testament," is a written direction controlling the distribution of property at death. The will is an extremely important part of estate planning, but it's important to keep in mind that a last will is only part of an estate plan.
Estate planning includes more than your last will and testament. It also includes establishing a power of attorney, an advanced directive, and trusts for your children, grandchildren, favorite charity, or even a beloved pet.
What Happens If You Pass Without One
If you were to pass away without a will, also called "intestate," all your property would be distributed to your heirs according to a formula fixed by the current law. The formula that determines who gets your property is called the law of intestate succession. It makes no exception for those in unusual need when distributing the property.
When you write your will with our Boynton Beach estate planning attorney, you can decide your preferences and exceptions. We can also collaborate with you to figure out the best way to minimize taxes on your assets.
4What is a Trust?
A trust is a legal arrangement that allows an individual, known as the "grantor," to transfer assets or property to a separate entity, called a "trust," for the benefit of specific individuals or entities, known as "beneficiaries."
Who Takes Care of the Trust?
The trust is managed by a "trustee" who administers and also distributes the assets according to the terms and instructions outlined in the trust document.
Trusts are commonly used in estate planning to protect and manage assets, provide for loved ones, and potentially minimize estate taxes. Many people prioritize establishing a trust in their estate plan, especially if they've accumulated many assets. Our Boynton Beach estate planning attorney can also guide you in creating a trust with specifications that work for you now and into the future.
5 What is the difference between a Will and a Trust?
What Is the Difference Between a Will and a Trust?
The main difference between a will and a trust is that a will goes into effect only after you die, while a trust takes effect as soon as you create it. A will also directs who will receive your property at your death, and it appoints a personal representative to carry out your wishes.
By contrast, a trust can be used to begin distributing property and assets before death, at death, or after death. A trust is a legal arrangement through which an individual or an entity (such as a bank or law firm), called a "trustee," holds legal title to property for another person, called a "beneficiary." A trust usually has two types of beneficiaries: one set that receives income from the trust during their lives, and another set that receives whatever is left over after the first set of beneficiaries dies.
Do I Need Only One or Both?
This depends on needs, goals, beneficiaries, and distributions. We always recommend a last will and testament. Deciding to move forward with getting a trust can be a huge help in tying your estate plan together.
6 Are a Living Will and Healthcare Proxy the same?
While a living will and healthcare proxy both play pivotal roles in healthcare decision-making and each also have a place in estate plan creation, they aren't quite the same. A living will outlines specific medical treatment preferences, whereas a healthcare proxy designates a trusted advocate to make real-time decisions on your behalf. Together, they help ensure your healthcare wishes are followed in the event of your incapacitation or death. Consult our estate planning attorney in Boynton Beach today to decide if both a healthcare proxy and living will are right for you.
7Why do I need an Estate Planning Attorney?
What will happen to your kids if their parents suffer a major accident all of a sudden on the way home from work? Who would pick your kids up from school or daycare? Who would ultimately end up as their guardian? An estate planning lawyer can help you plan all of those decisions, guiding you through the steps to make sure your estate plan covers all aspects.
If you are a small business owner, you absolutely must have an estate plan. It's one of the most important things you can do, and it should not be procrastinated. If something were to happen to you, your business would likely fall apart quickly and completely without a proper estate plan. This could cause incredible financial hardship on your family after you're gone.
What If I Choose Not to Make an Estate Plan?
When you do not create an estate plan with the advice of an estate planning attorney, the estate is at risk of entering probate. In probate, most of the money from the estate goes to attorney's fees and court costs.
When a person dies without an estate plan, the courts have to handle everything: the distribution of property, the guardianship of children, and also the dissolution of the business. Probate can become very expensive, easily exceeding $10,000 for even modest estates. That is money beneficiaries could use for living expenses and necessities. If you do not make an estate plan carefully, the value of the estate could significantly decrease in probate court.
8What is a “Power of an Attorney”?
When it comes to estate planning, it's important to have someone who will be there to represent your wishes for you when you are unable or unwilling to do it yourself. This is where "Power of Attorney" comes in! To put it simply, a Power of Attorney is a legal authorization by you to give someone you trust or even your personal attorney the ability to represent you in situations where you may be physically unable to handle your financial assets yourself.
An individual given power of attorney can take any action that you permit them to, provided you have filed the proper documentation beforehand. Power of Attorney can be useful when you do not want to show up in person to buy or sell assets, though typically it is reserved for when you are too physically or mentally unwell to handle your affairs.
8What is a Healthcare Directive?
In the event that you are unable to communicate the type of medical care you would want to receive, an Advance Healthcare Directive might be just right for you! It can help give you peace of mind knowing your wishes are respected and can be very helpful in unforeseen circumstances. It also gives medical providers proper instructions on what you want in a medical emergency. Now, instead of putting pressure on your family members to make a big decision, you can make it yourself ahead of time.