St. Augustine Estate Planning Lawyer

We Help You Make a Plan for the Future of Your Health and Estate

It's rare to hear people talking about estate planning. Some consider it morbid because it implies eventual death. Others assume they'll have more time to deal with it later, so they don't have to think about it until then.

We're here to tell you that taking the right legal moves can actually help you feel at ease. You will be assured your family is taken care of, no matter what happens. With the help of an estate planning attorney, you can also take certain steps to help preserve your estate for your loved ones.

Have you been thinking about updating your will? Speak to our helpful team today so you can be confident you're making the right choice. Call us at (904) 674-8779 if you want to benefit from over 125 years of combined experience.

What Choices Do I Have for Estate Planning?

When planning your estate, a will isn't the only option. In fact, depending on your situation, you may be better served by another tool. Our attorneys can walk you through the pros and cons of choices including:

• Wills
• Living Wills
• Trusts

Documenting your choices denies the state an opportunity to make important moves that affect your estate. Probate may still be a difficult and lengthy process, but by planning ahead, you can ensure your wishes are executed in short order.

In addition to wills and trusts, considering guardianships and power of attorney arrangements can provide additional security for your loved ones. Whether it’s appointing a guardian for minor children or designating someone to handle your affairs if you become incapacitated, our legal team is ready to advise you on the best course of action.

Surrogates & Representatives

Aside from choosing someone to manage your estate, you may want to appoint representatives to step in for you should you be incapacitated. This includes:

• Power of Attorney: Someone to oversee your estate if you are unable to do so.
• Health Care Surrogate: Someone to make medical decisions for you if you are unable to do so.
• Guardian: Someone to care for your children if you are unable to do so.

Having these points settled can remove uncertainty about your future. When you make these decisions, you empower those around you by telling them clearly what you want.

Understanding the differences between these roles ensures you make informed decisions about each appointment. Our St. Augustine estate planning attorneys can guide you through the legal documents necessary for establishing each role, providing clarity on the powers and limitations associated with each position.

Making Medical Decisions

A health care surrogate may be able to make medical decisions on your behalf should they need to, but you can also request certain conditions of care right now. A living will addresses your medical needs and allows you to lay out a health care plan for your loved ones to follow. You may also want to put together a plan for Medicaid, which can be difficult to obtain on short notice. An attorney can help you make financial decisions to preserve your estate should you need intense medical care.

Making medical decisions in advance through advance directives and living wills can greatly ease the burden on family members in times of crisis. Discussing these options with your attorney will help ensure your medical preferences are documented and respected, providing peace of mind.

Why Hire a Local Estate Planning Attorney in St. Augustine?

Local expertise provides a unique advantage when it comes to estate planning in St. Augustine. Our legal professionals not only understand universal estate planning principles but are also knowledgeable about Florida-specific regulations that affect your estate plans. This ensures that your estate planning documents are compliant with state laws, potentially avoiding costly legal challenges in the future.

Furthermore, working with a local attorney provides the opportunity for more personalized service. We offer face-to-face meetings where necessary, ensuring that you fully understand your options. This personal approach helps us tailor our services to fit individual needs, providing you with confidence that your estate plan accurately reflects your wishes.

Common Estate Planning Mistakes to Avoid

Even well-intentioned individuals can make critical errors in estate planning. A frequent mistake is failing to update your plans to reflect life changes such as marriage, divorce, or the birth of a child. Every major life event can shift your estate goals; therefore, regular reviews of your estate plan with our attorneys can ensure it remains relevant.

Overlooking tax implications is another common error. Estate taxes can significantly impact your heirs' inheritance if not properly planned for. Our attorneys help you navigate federal and state tax laws, ensuring efficient transfer of assets. These tailored strategies curated by Owenby Law, P.A. enhance the amount your beneficiaries receive, adhering to your objectives.

Frequently Asked Questions

What Is a Power of Attorney?

A Power of Attorney (POA) is a legal document allowing you to appoint someone you trust to make decisions on your behalf. This can involve financial or healthcare-related decisions. A POA can be especially critical in ensuring that your affairs are managed according to your wishes if you become incapacitated. At Owenby Law, P.A., we help you draft clear and precise POAs that minimize ambiguity. This ensures continuity and upholds your preferences during unforeseen circumstances.

Why Do I Need a Will?

Having a will is essential because it allows you to determine how your assets are distributed after your passing. Without a will, state laws will dictate the division of your estate, which might not align with your wishes. A well-drafted will also appoints guardians for minor children, providing peace of mind about their future care. Our team at Owenby Law, P.A. can tailor a will that reflects your unique preferences and family dynamics.

How Often Should I Update My Estate Plan?

You should consider updating your estate plan whenever a significant life event occurs. This includes marriages, divorces, births, or deaths in the family. Additionally, changes in financial circumstances, such as acquiring new property or changes in tax laws, may necessitate a review of your estate plan. Regular updates ensure your estate planning documents align with your current intentions, which Owenby Law, P.A. can assist you with through comprehensive reviews.

What Are Trusts, and How Do They Work?

Trusts are legal arrangements allowing a trustee to manage your assets for the benefit of your beneficiaries. Trusts can help avoid probate, offering a quicker and often less costly distribution of assets. By setting up a trust, you maintain control over how and when your assets are distributed. Our attorneys can identify the types of trusts that would best serve your estate planning goals, such as revocable or irrevocable trusts, and explain their benefits and limitations.

How Can I Protect My Estate from Taxes?

Protecting your estate from taxes involves strategic planning. Techniques may include gifting assets during your lifetime, establishing trusts, and leveraging federal and state exemptions. Understanding these tactics can reduce tax liabilities significantly, maximizing the inheritance your beneficiaries receive. The attorneys at Owenby Law, P.A. offer insight into effective estate tax planning, ensuring your plans meet both your financial and personal goals.

Our friendly St. Augustine team is here to guide you through important decisions. Contact us today at (904) 674-8779 to schedule a meeting.