Frequently Asked Questions About Estate Law
Estate planning can be a confusing topic. There are many misconceptions about it. At The Law Office of Nancy J. Oset, my goal is to make estate planning accessible and understandable to all. I have devoted my career – spanning more than 25 years – to Florida estate law. I’m passionate about helping people put the appropriate legal protections into place and prepare a meaningful legacy.
Below, you will find general information about common estate planning questions my clients ask. Please note that it’s important to discuss your specific questions with an estate planning lawyer such as myself.
Does your firm offer free consultations?
Yes, I provide free 30-minute consultations so you can talk with me about your estate planning or probate needs and learn how I can help.
What areas of estate planning can you assist with?
I handle all aspects of estate planning, from a basic will and accompanying documents to more complex trusts.
What is the benefit of an estate planning bundle?
My services are unique in that I offer flat-fee packages for estate planning bundles, which typically include three to five documents. This approach makes estate planning more affordable and accessible.
What happens if you die without a will in Florida?
Your property will have to go through the probate process, where a judge determines how it will be divided in accordance with Florida law. Without a will, your property may not be distributed in the way you want.
What is the difference between a will and a trust?
A will sets out your wishes regarding property distribution and guardianship designations for your kids. Even with a will, your estate will have to go through the probate process.
A trust creates a separate legal entity (the trust) that holds property for the benefit of the people or organizations you designate. The trustee is responsible for administering the trust assets in accordance with the terms you set forth. Trusts offer more flexibility and can be a way to keep your estate out of court.
Can I avoid Florida probate?
Yes, provided you put the right estate plan into place. Avoiding probate typically involves using tools such as trusts, beneficiary designations and payable-on-death accounts to keep your assets out of probate.