Melbourne, Florida, Trust, Estate Planning And Probate Law Blog

For those who are not familiar with the process, estate planning can seem like an incredibly overwhelming task that they would rather not deal with. Others put off dealing creating an estate plan because they are uncomfortable confronting the notion of their own mortality. In some cases, Florida residents might insist they do not care how their assets are distributed after their death. While these concerns are understandable, they should not prevent anyone from creating at least a basic plan.

Estate plans are important for ensuring that a person's wishes are respected and carried out. However, there is also another important application -- easing the grieving process for surviving family members. When a person passes away without so much as a will, everything falls on their family to deal with.

Many people in Florida feel as if creating a will is sufficient for their estate planning needs. However, in most cases a more comprehensive approach to estate planning is best. Incorporating things like living wills, powers of attorney and trusts can help achieve the best possible protection and benefits possible. Living trusts are particularly popular in this regard.

At its most basic, a trust holds a certain asset or property that is managed by a person other than its creator -- the trustee -- for the benefit of its intended recipient -- the beneficiary. A living trust is simply one that is created during the grantor's lifetime. Conversely, an inter vivos trust is one that is created after the grantor's death. Most people prefer living trusts as they allow for greater control over assets and property.

You've moved to Florida as a way to escape the colder northern temperatures, but with that comes some things you need to think about. While moving itself wasn't difficult, there are factors such as your will and estate plan that you have to remember will need to be addressed.

If you have moved to a new state, it's necessary to review your estate plan. Why? Some of the documents may no longer be legal or may fall short of meeting the requirements of the state.

Thinking about end-of-life matters can be uncomfortable. It can be difficult to imagine a future in which a person no longer has control over themselves, their bodies or their decisions. However, the fact is that many people will face this reality whether they planned or failed to do so. Thorough attention to detail during estate planning can help people in Florida maintain control over their lives even during periods of incapacitation.

A living will is perhaps the easiest way for an individual to lay out one's wishes regarding medical and end-of-life care. In this document, a person can specify what types of treatment he or she is comfortable with and what forms of care the individual would like to avoid. However, even the most detail-oriented person cannot possibly account for every potential scenario, so it is important to pair a living will with a health care power of attorney.