Wills and Trusts

When you prepare your estate plan with The Kelley Law Firm, P.L., you ensure that the legacy of your family and your hard work is protected for the future.  For over 40 years, estate planning has remained one of the main focuses of our firm.  Our attorneys are well-versed and proficient in the ins and out of estate planning.  When you prepare wills and trusts with us, you can rest assured your assets are protected under Florida law and your loved ones will benefit from the organization of your estate.  We are dedicated to excellence and providing first-class services to ensure that your legacy continues on.

Florida statutes state, a will is a legal document setting out who will be beneficiaries of your estate, how and when they receive their inheritance.  Any person who is 18 years of age or older and who is of sound mind may make a will.  If you do not have a will, the state determines who, if anyone, is entitled to receive your assets after your death.

A Will is the simplest of estate planning documents and the one document which most people have a good understanding of the basics.  Without a will, you have no say over what happens to your assets after you die, which is why it is so important that everyone have a will.

Trusts are considered will alternatives.  They are written as living, or inter vivos, trusts or testamentary trusts.

• Living trusts are effective for beneficiaries during the life of the person who are named in the trust, i.e. your heirs may enjoy your assets while you are alive in whichever ways and whatever conditions you decide.
• You may declare your living trust revocable if you want the option to change the assets or the terms of the trust during your lifetime.
• Testamentary trusts are created under the umbrella of the will and do not affect beneficiaries until your death because they are attached to the will that does not take effect until your death.

For many Floridians, trusts are attractive because of the possibility of avoiding probate, there can be estate tax advantages in certain instances, and a trust can be a way to avoid guardianships.