Wills and Trusts Attorney in Boynton Beach

Fischetti Law Group is committed to helping individuals and families plan for the future and protect their legacy. Wills and trusts are an integral part of the estate planning process. A Boynton Beach wills and trusts attorney can help you set down your wishes and ensure that all documents are completed properly.

No matter your age, income level, or assets, it is in your best interest to have a will. Revocable or irrevocable trusts can provide additional protection for your assets and increase the chances of avoiding the probate process.

Learn how an estate planning lawyer can help with wills, trusts, and other aspects of your estate plan. Contact Fischetti Law Group at 833-645-3247 (833-MIKE-247) today for a FREE 20–30 minute consultation. Our wills and trusts attorneys serve clients in Boynton Beach, West Palm Beach, and all of South Florida.

A will (also known as a last will and testament) is a document that specifies who receives your assets in the event of your death. The person making a will is known as the testator, while the individuals or entities named in the will are beneficiaries.

Common examples of beneficiaries in a will include family members, friends, and favorite charities. You may also provide for minor children or even a beloved pet in your will.

In Florida, wills need to meet stringent requirements to be considered valid. Without a knowledgeable lawyer, you run the risk of making mistakes that could tie up the estate in court or even get your will thrown out. Our wills and trusts attorney can help you meet all of the following requirements:

Age & Capacity

• Testators must be at least 18 years old (or an emancipated minor).
• All testators must be of sound mind (i.e., they have the capacity to make decisions and understand the ramifications).

Signing & Witness Requirements

• Valid wills must be in writing. Oral wills (also called nuncupative will) and unwitnessed wills written entirely by hand (known as a holographic will) are not considered valid in Florida.
• The will must be signed by the testator at the end.
  • Alternatively, the testator’s name may be “subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction” (see Florida Statutes § 732.502).
• The testator must sign the will in the presence of two competent witnesses.
• Florida law does not prohibit beneficiaries from acting as witnesses to the signing of a will. However, it is generally best to have neutral witnesses to avoid disputes or conflicts of interest.

Self-Proving Wills & Notarization

• In Florida, wills do not need to be notarized to be considered valid. Florida Statutes § 732.503 provides a way for a will to be made “self-proving.” This means that the testator and witnesses sign notarized affidavits confirming that the will was executed in accordance with Florida law.
• Probate courts automatically accept self-proved wills without the need for additional witness testimony, which can streamline the process of probate.

Changes in Life Status

• A will is not automatically invalidated if the testator subsequently marries, has children, or adopts. If the will is not updated, children and spouses’ inheritance is determined by Florida’s intestate succession law. This is a good reason to update your will if you marry or become a parent.
• Unless the testator specifies otherwise, the dissolution of a marriage voids a former spouse’s right to the estate.

Though it is not a legal requirement, your will should also name a personal representative to administer the estate after your passing. Failure to assign a personal representative can lead to disputes between family members and ultimately leave the decision up to the probate court.

Our wills and trusts lawyers can help you decide on a personal representative. We see to every last detail in your will so there is no room for confusion.

A trust arranges for your assets to be transferred to one or more beneficiaries when you pass away. When setting up a trust, you will need to appoint a third party (known as a trustee) to hold and manage the trust. Trustees have a legal and fiduciary duty to manage the trust according to the wishes and instructions of the settlor (i.e., the person creating the trust; more commonly known as the grantor).

Fischetti Law Group can help you navigate the different types of trusts and determine the best options for your estate plan. These may include:

• Revocable living trust: With a revocable living trust, grantors generally act as the trustee while they are alive. This allows for maximum flexibility and control of assets during the grantor’s lifetime.
• Irrevocable trust: An irrevocable trust provides maximum protection from creditors, minimizes tax liability, and preserves eligibility for Medicaid and other income-based benefits. Once created, irrevocable trusts generally can’t be changed or revoked.
  • Not sure which kind of trust you need? Read our guide to revocable vs. irrevocable trusts.
• Testamentary trust: A testamentary trust is created through a will. It is often ideal for parents to establish inheritance for their children.
• Life insurance trust: Creating an irrevocable life insurance trust protects the death benefit from claims by creditors. This ensures that your beneficiaries get the full value of the policy.
• Special needs trust: If you have a child or other beneficiary with special needs, a specially created trust can provide for their care after you’re gone. Funds are managed by the trustee to pay for medical treatment, housing, etc.
• Charitable trust: Do you want to leave money or property to charity upon your passing? An irrevocable charitable trust designates assets for charity. You can also deduct these contributions from your taxes.
• Spendthrift trust: A spendthrift trust may be appropriate if you have reason to believe that a beneficiary will not use the money or assets left to them wisely. Your trustee will manage the distribution of assets carefully so the estate isn’t squandered or pledged to creditors.

Personalized legal service sets Fischetti Law Group apart from other estate planning firms. We take the time to understand the specifics of your situation, including your family, your assets, and your legacy goals. You can count on our Boynton Beach wills and trusts lawyer to work with you closely and listen to you attentively so we can put all of the trusts you need in place.

Do I Need a Trust If I Have a Will?

Many people assume that their last will and testament provides sufficient direction and protection for their assets. This is a huge mistake, and one that can prove costly and stressful for beneficiaries.

A will alone only provides direction in the event of death; you need a Durable Power of Attorney and healthcare directives to make your wishes known if you are incapacitated. Furthermore, having a will doesn’t keep your estate out of probate court. 

Probate is a time-consuming and expensive process where a local court (usually the circuit court for the county in which the decedent lived, such as Palm Beach County’s 15th Judicial Circuit Court) determines how to distribute the assets of an estate. Even if a will is properly executed, assets are not simply transferred to the beneficiaries. The court needs to provide authorization to the personal representative (whether named in the will or by the court) to distribute the assets.

It is in your best interest to avoid probate whenever possible. That is exactly what Fischetti Law Group can help you do. Based on your direction, we create trusts to transfer assets outside the probate process. This may allow the estate to bypass probate and avoid costly and contentious litigation.