Practice Areas

Florida Will

Losing Control With A Will

Contrary to what you’ve probably heard, a Will is usually not the best plan for you and your family, primarily because a Will does not avoid probate when you die. All Wills, including those with Trusts in them, must be admitted to the probate court before they can go into effect. Equally, if not more important, a will does not avoid guardianship — the legal process whereby the court steps into your life and appoints a guardian to manage your personal and/or financial affairs. A living trust can avoid these two basic problems. These are the reasons the living trust, not a will, has become the primary legal planning tool for families in Florida and nationwide.

What is probate and why do we have to go through it?

Probate is the legal process through which the court makes sure that, when you die, your Will is legally valid, your debts are paid and your assets are distributed according to your Will and Florida law. It is a bureaucratic, costly, and time consuming procedure to transfer title from your name to your beneficiaries.

What's bad about probate?

It can be expensive. According to a study by the American Association of Retired Persons (AARP), attorney fees for probate are usually three percent or more of the estate's gross value. Florida presumptive statutory probate fees for attorneys (F.S. 733.6171) are approximately:

Estate	Florida Probate Fee
$100,000	$3,750
$250,000	$7,500
$500,000	$15,000
$750,000	$22,500
$1,000,000	$25,500
$2,000,000	$50,000

Wills Cannot Plan for Disability

This is the most serious, yet least understood limitation of Wills. Disability is the lack of capacity to manage your own affairs. Think about this for a few moments. If you can’t handle your affairs because of mental or physical incapacity — for example, if you have a stroke or a heart attack, develop Alzheimer’s Disease, or are injured in an auto accident — who will conduct business for you? Sooner or later, your signature will probably be required for something — to withdraw savings, sell/ refinance assets to pay your expenses, etc. Unless you have legally given another person the legal authority to sign for you, you will not be able to transfer these assets without the intervention of the probate court.

A Better Plan

For most persons, a Living Revocable Trust is a much better plan than a will. To learn more about this valuable legal tool, request the booklet Understanding Living Trusts for Florida Residents at info@raricklaw.com.

Experience Matters

Rarick, Beskin & Garcia Vega, P.A. has assisted Florida families and business persons for over 17 years. Our firm has worked with over 400 similar law firms located in states outside of Florida to represent their clients in legal matters concerning Florida probate, estate planning, and asset protection. To schedule a meeting, call (305) 556-5209 or (954) 566-1151, or email info@raricklaw.com. We look forward to meeting you!

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