Estate Planning & Probate with Adams, Briggs & Briggs, Attorneys at Law

Estate Planning Daytona Beach FL | Adams, Briggs & Briggs, Attorneys at Law

Having a will, living will, health care surrogate, or power of attorney can protect your interests and your loved ones in the event of death or incapacitation. Without these documents, family members may have to deal with difficult decisions and/or the state statutes may control who will inherit your property and other assets.

At the law firm of Adams, Briggs & Briggs, Attorneys at Law, our experienced lawyers provide a full range of estate planning services to individuals and families throughout Volusia County and Flagler County. We can put your wishes in writing to provide for your care in cases of illness and help you avoid unnecessary disputes and delays in the settlement of your estate.

In addition to matters of estate planning, we also represent personal representatives (executors) for loved ones who have passed away. We can offer legal advice as you carry out your duties and can also represent you in probate matters and will contests. Our Florida lawyers are skilled at negotiation but can vigorously assert your interests in court if necessary.

Services we offer in all areas of estate planning and Florida probate law, include:

Wills & Trusts

Adams, Briggs & Briggs, Attorneys at Law, has been helping east central Florida residents protect their financial legacies for many years. Our firm can help with a wide range of estate planning tools and documents. We can draft a simple will to declare heirs. We can also place assets in a trust to help avoid the time and expense of probate and minimize the taxes that your beneficiaries have to pay.

Do You Need A Will?

Many people forego drafting a will because they assume their property will automatically transfer to their surviving spouse or children upon death. While it is true that the Florida probate courts take surviving family members into consideration, having a will in place makes the probate process simpler for your family. In addition, a will can spell out exactly how you want your assets to be distributed; reducing or eliminating the possibility of a family member, stepchildren or other party from contesting the distribution of assets. A valid, updated will is the best way to make sure your final wishes will be followed by the courts.

Irrevocable Living Trusts

People set up irrevocable living trusts to protect their financial assets from high estate taxes upon death. By setting up a living trust now, you retain the right to set the rules for how the trust is funded over your lifetime, who you want to serve as an independent trustee and exactly how the money should be distributed.

Powers of attorney agreements (POA)

A power of attorney grants you the legal right to make decisions regarding specific matters listed in the document. A POA is not legal guardianship. A power of attorney can be revoked by the grantor of the powers, if he/she is competent. It is important to remember that if you are seeking to obtain powers of attorney over another person, that party or grantor of the powers must sign POA documents conferring authority for you to act on his or her behalf.

Health care directives

We can help you establish your terms for medical care and treatment at the end of your life through living wills and naming a health care surrogate. Having an advanced health care directive (living will) in place enables you to express your wishes regarding end-of-life decisions.

Health care surrogate and HIPAA waivers

We draft documents such as naming a loved one as a health care surrogate or HIPAA waivers, giving a loved one access to your medical records and information regarding your care. Like a POA, the waiver and authority must be granted by you in writing.

Probate

Under Florida law, when a person dies, the estate of the decedent must be administered by the Probate Court, to resolve claims against assets and distribute property to surviving heirs and beneficiaries. If the person dies without a legal will in place (intestate), the court must decide how the assets should be distributed to the heirs. If a valid will is in place (testate), the court reviews the validity of the decedent's terms and provisions for distributing assets. The Court admits the will to probate and appoints a personal representative (the executor), who will have the legal authority to proceed with the estate administration.

Our probate services include:
  • Local probate court assistance: For surviving family members needing help with probate matters in Volusia County and Flagler County Courts. We handle every component of helping you through the probate and estate administration process.

  • Personal Representative (Executor) assistance: If you have been named the personal representative (executor) of a will, we are ready to assist you in all matters related to estate administration, including dealing with creditors, closing contracts and business ownership succession.

  • Probate for nonresident beneficiaries: The east central coast of Florida is a popular location for retirees. If your loved one retired to our area and you do not live in Florida, we can serve as your local probate law firm. We will handle every component of probate and estate administration, saving you travel time and money.

  • Recently relocated retirees: If you recently relocated to Florida and have a will and/or powers of attorney in another state, it is recommended that these instruments be updated to assure compliance with Florida law.

  • Contested will disputes and estate litigation: We will work aggressively to resolve problems between parties involved in disputes about the distribution of assets, undue influence or other matters that become issues during the estate administration.

Ancillary Estate Administration

When a person dies in another state, with property holdings in Florida, it is necessary to process the estate assets through the Florida probate court. Administration in Florida of a nonresident's estate is ancillary administration.

If you are the executor or personal representative of a non-Florida resident who died holding property or investment interests in east central Florida, talk to a probate lawyer at Adams, Briggs & Briggs, Attorneys at Law, in Daytona Beach. Our law firm has more than 50 years of combined experience handling ancillary probate matters and will administer the estate as efficiently as possible, handling every detail throughout the process.

We can also help you with your estate dispute or contested will or trust litigation needs. We are experienced probate litigation attorneys with experience in a broad range of litigation areas, including ancillary probate matters.

Call us today to
schedule a consultation

386-253-6571

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