Anissa K. Morris, Esq.
amorris@spinnerlawfirm.com
Patrick A. Barnes, Esq.
pbarnes@spinnerlawfirm.com
WHERE THERE’S A WILL, THERE’S A SAY.
What is a Will?
A Last Will and Testament, otherwise commonly referred to as a “Will” is a legal document that spells out who will inherit your property when you die, who will manage the distribution of your estate (“Executor”), and who will take care of your minor children. A Will is a directive that aids the Court in making these very important decisions.
What if I die without a Will?
If you die without a valid will, Florida State law will dictate how your estate gets distributed. Not having a Will can cause emotional and financial pain for your surviving loved ones, especially those whom you may have wanted to help the most. Likewise, without a Will, your valuable assets may be distributed to individuals whom you do not believe need and/or deserve them. A valid Will can prevent your property from getting distributed differently that you would have wanted. Other common issues that may arise from not having a valid Will include:
- Not having a say over who becomes the legal guardian of your minor children and dependents. This may lead to your children being raised by someone you never would have chosen for such an incredibly important role.
- Unnecessary legal proceedings to determine who will be your personal representative.
- Tying up your assets in litigation while the Court determines who the heirs of your estate are.
What are the requirements for a Will in Florida?
The legal requirements for a Will in Florida are as follows:
- Must be in writing. Florida does not recognize Oral Wills.
- Must be made by a competent person. Florida law won’t consider a Will if it’s created by someone not of sound mind or is under age 18. (unless an emancipated minor)
- Doesn’t require any official terminology. Florida does not require any particular forms, or language to be valid, as long as it is properly executed.
- Must be signed by the Testator. A Testator an make any mark, symbol, letter, or initials if they intend it to be their signature.
- Must be signed in the presence of two witnesses. Witnesses must sign the Will in the presence of the Testator, and in the presence of one another.
- Can be amended or revoked. A Will can be amended or completely revoked by a subsequent Will, or Codicil, a document that provides for the modification of a Will.
I just moved to Florida; do I need a Florida Will?
Yes, and no. In Florida, a Will is legally valid if it was properly executed in another state. However, if you have an estate plan that was created pursuant to another state’s laws, you should review your estate documents after moving to Florida.
What does a Revocable Trust do?
Like a Will, a Revocable Trust contains instruction to provide for the distribution of your assets when you pass. However, unlike a Will, the Trust is not part of the public record. Instead, when you pass, your assets are distributed privately, and without the necessity of Probate. The Trust is “revocable” because you may change it anytime provided you are alive, and mentally competent.
What are the benefits of a Revocable Trust?
The main benefits of a Revocable Trust include:
- Avoidance of Probate – Your Estate is kept out of Probate, allowing your affairs to be settled more quickly, privately, and less expensively upon your passing.
- Avoidance of Federal Estate Taxes – If your Estate is taxable pursuant to the Internal Revenue Code, a Trust may offer strategies to avoid payment of unnecessary estate taxes.
- Successor Trustee – Allows your designated successor Trustee to manage your assets if you become incapacitated or die.
Protection against Court Appointed Guardianship – should you become disabled.
How does a Florida Revocable Trust Avoid Probate?
While you are alive, you and your spouse serve as the Trustees and Beneficiaries of your Trust. After you death, the named Successor Trustee distributes your Estate to the named beneficiaries, with little or no Court involvement. Probate is avoided to the extent that there is no “probate property” titled in your name when you pass.
CONTACT A FLORIDA WILLS AND TRUSTS LAWYER
If you’ve recently moved to Florida, Spinner Law Firm is here to help you review and update your estate plan. When you come to us for help, our experienced estate attorneys will ensure that your estate plan meets your unique needs and objectives. Our initial consultation is free and our professional fees are affordable and clearly disclosed at our initial consultation. Fill out the contact form or call us (813) 991-5099 today for help with your Florida Estate Plan.
We work closely with you to identify your goals, plan for contingencies, and create an estate plan that makes sure your wishes are carried out. Our wstate planning process includes:
- Identification of your assets and debts
- Directives for whom should inherit your assets
- Instructions for your care if you become disabled
- Specific provisions for the care and support of minor children
- Provisions for those loved ones whom might be financially irresponsible
- Special burial and/or funeral instructions
We prepare a full range of estate planning documents including:
- Wills and Trusts
- Living Wills
- Advanced Directives
- Durable Powers of Attorney
- Declaration naming preneed guardian
- Minor Trusts
- Guardianship
- Probate and Trust Administration
- Do I need a Will or Trust?
- What should I do if a loved one dies?
Our professional estate planning services are affordable and quoted at your initial meeting. If you decide to retain our services, we typically collect half of the flat fee at the commencement and the remainder is due at the completion of your plan, after you have approved and signed off on your estate documents.
There is a full disclosure and no hidden costs.
RIGHT HERE, FOR YOU We serve clients thoughout the Tampa Bay area from our state of the art legal facility in Wesley Chapel. For your convenience, we are located right off of I-75 and our office is handicapped accessible. To schedule a free, no obligation consultation, we invite you to call us at 813.991.5099
Why choose us?
Understanding your legal rights and knowing where to turn for sound, straight forward legal advice is the foundation of our firm. We look forward to the opportunity to assist you with the formation of your new Florida business.
9 things to do after a motor vehicle accident:
There are many critical steps to take after being in an accident. Here are our suggestions on what to do following a crash:
- 1. Exchange insurance
- 2. Call law enforcement
- 3. Never admit fault
- 4. Do not move your vehicle
- 5. Accept transportation
- 6. Report the accident
- 7. Do not provide a recorded statement
- 8. Do not post on social media
- 9. Contact Us
Exchange insuranceExchange insurance information with all of the other vehicles involved in the crash including their name, address, phone number and insurance policy information.
Call law enforcementCall law enforcement immediately. Even if you think you may not be badly injured, the police report will help identify the parties and who is at fault for causing the crash.
Never admit faultNever admit fault. Your lawyer will investigate the details of your crash and help figure that out with you.
Do not move your vehicleDo not move your vehicle until you have taken photos of the location of impact, the accident scene, and the damage to your vehicle and all others involved in the crash.
Accept transportationAccept transportation to the hospital ER or be seen at a local Hospital or Urgent Care.
Report the accidentReport the accident to your insurance company right away and take note of the claim number assigned to your claim.
Do not provide a recorded statementDo not provide a recorded statement to any insurance company without first speaking with a lawyer.
Do not post on social mediaDo not post about the accident or your injuries on social media.
Contact UsContact an experienced personal injury attorney.
Auto Accident information Center:
Helpie FAQ
- When to call a lawyer a motor vehicle accident?
Right after an accident, the insurance company is investigating the claim and taking steps to assure that you recover as little compensation as possible for your injuries. It is critically important to contact a qualified auto accident attorney as soon as possible to protect yourself from the insurance company and make sure the proper steps are taken to investigate the accident and secure the evidence necessary to prove responsibility for the crash.
- How do I pay for a personal injury attorney?
Auto Accident cases are accepted on a contingency fee basis. This means that you are not charged any out of pocket expenses in connection with hiring a lawyer. After the lawyer resolves your case either by settlement or jury verdict, then the applicable attorney fee is paid from the proceeds of the settlement.
- Should I provide a recorded statement to the insurance company?
You are not required to provide a statement to the at fault driver’s insurance company. If one is requested, you should decline and defer to your attorney. You may be required to provide a statement to your own insurance company as most policies of auto insurance obligate you to provide “reasonable cooperation” which can include a statement. Do not provide a statement to any insurance company without first speaking to your attorney.
- How do I get my property damage repaired after a motor vehicle accident?
The at fault driver’s at fault driver’s insurance company is responsible for the repairs to your vehicle. If there is a dispute regarding who is responsible for causing the crash, you can arrange to have the repairs handled through your own insurance company, provided you have collision coverage on your policy.
- How do I get a rental vehicle after a motor vehicle accident?
The at fault driver’s insurance company is responsible for getting you into a rental vehicle. If there is a dispute regarding who is responsible for causing the crash, you can arrange for a rental through your own insurance company, provided you have rental coverage on your policy.
- What is Florida PIP?
Florida law requires auto insurance policies to include Personal Injury Protection (PIP). Following a motor vehicle crash, your own insurance would cover 80% of your medical bills and a portion of your lost wages up to $10,000.00. This is the case regardless of who was at fault for the accident. You only have fourteen days to receive medical treatment following a crash in order to qualify for PIP. This means that even if your symptoms are mild, but you suspect you may be injured as a result of a crash, you should get medical treatment as soon as possible.
- Who pays for my medical expenses after a motor vehicle accident?
Initially, your medical expenses are covered in part by your own insurance policy under the PIP (“Personal Injury Protection”) coverage. Uncovered medical expenses are recovered by your attorney from the responsible party’s insurance company as part of your personal injury case. Typically, you should not incur any out of pocket medical expenses in connection with accident related treatment.
- What kind of compensation can I recover from a motor vehicle accident?
There is a wide variety of damages that can be recovered from a motor vehicle accident. The at fault driver’s insurance company is responsible for your past a future medical expenses. If you were unable to work due to your injuries, you can recover your lost wages. If your capacity to work in the future is diminished, you can recover compensation. Subject to proof that your injuries caused from a motor vehicle crash are permanent, you can recover compensation for pain and suffering both in the past and in the future. This is a very generalized overview of the types of compensation you can recover. Your attorney will counsel you in greater detail.
Types of Auto Accidents:
Our team handles all types of auto accidents causing serious injuries and death. The most common include:
The Most Common Includes:
If you or a loved one has suffered a serious injury in an automobile collision and are seeking an exceptional team of auto accident attorneys in the Tampa Bay area, please contact Spinner Law Firm, P.A. for a free and immediate consultation. Take your first step toward protecting your legal rights and pursuing a successful verdict or settlement with the help of our dedicated attorneys. Call now: 813-991-5099. We are standing by 24/7 to help.
