Hire an Experienced Attorney for Your Estate Planning
Hire an Experienced Attorney for Your Estate Planning
Spiro Komninos is a Tampa, Florida lawyer with Komninos Law Group. With a list of clients ranging from entrepreneurs and non-profit organizations to million dollar corporations, Mr. Komninos promises to offer all of his clients the legal representation that they deserve. Here, he talks about why it is important to hire an experienced lawyer for your estate planning.
When it comes to planning estate, it is not an uncommon safety measure. Many people choose to plan for what happens to their assets, and even themselves, when they are no longer in the correct state of mind to voice their desires.
Although it may seem easy enough to say that you want your daughter to take possession of your home after your death and for your son to receive your vacation home near the beach, unless you've carefully and legally mapped out your estate, then nothing is set in stone. Luckily, planning your estate doesn't have to be a series of jumping through legal hoops compounded with frustration and headaches. In fact, if you hire an attorney who is experienced in the area of estate planning, then the entire process becomes a lot less stressful and confusing.
First, when you contact a lawyer to assist you in your estate planning, you can set forth to discuss a variety of different areas of your assets, as well as stages in your life. Essentially, planning an estate is a careful analysis of what happens to a person's property while he is healthy, when he is suffering from mental incapacity, and after his life has ended. This includes drafting wills and living wills, establishing trusts, appointing a power of attorney, choosing health care surrogates, and drafting deeds.
Second, when you work with a lawyer to carefully plan your estate, draft wills, and delegate responsibilities, you can rest assured that all of the correct details have been included and that all of the legalities involved have been correctly addressed. In Florida, for example, your will must allot specific powers to the executor giving him the right to dispose of, sell, or transfer ownership of property. If this isn't specifically outlined in the will, then every time there is a sale of the property after your death, there must be a court proceeding to determine who is legally eligible to make decisions regarding the real estate property.
Thirdly, there are a lot of details that you may or may not wish to discuss with your attorney that will be specific to your particular situation, such as excluding an adult child from your estate. Many people are under the impression that you need a will, and that whatever is stated in the document will hold up after your passing. However, that isn't necessarily the case, because decisions made after your death can still enter probate. For instance, if in your will you leave your entire savings account to your son John, then the courts will still need to decide that the will was correct and that John should, in fact, receive the money.
On the other hand, not having a will doesn't mean that you cannot have a say in how your property and assets are distributed. For example, if Mrs. Green owns a condo on the beach and she wants her daughter Kate to gain possession of the property after her death, then Mrs. Green's attorney can create a life estate deed. Instead of simply stating that she wants Kate to gain ownership in a will, this process actually puts Kate's name on the deed now. This way, when Mrs. Green eventually passes, there will be no need for the courts to have a say in the matter because Kate's name will have previously been put on the deed.
Finally, you should speak to your lawyer about all of your concerns so that he can work with you to address your short-term and long-term goals and create the proper plans for carrying out your wishes. After all, you have worked hard to achieve and maintain everything in your life, and you should have a proper say in what becomes of everything in the future as well.
The benefit of working with an experienced lawyer in Tampa, or in your area, is that your attorney will evaluate all of your assets and work with you to devise an effective plan for your post-mortem and pre-mortem needs. Not only does this include the financial aspects of your life, but your health care needs as well.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
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