The loss of a family member or friend is difficult enough. It can become even far more difficult when the surviving loved ones are forced to go through the probate process. Probate can lead to disagreements, legal disputes, and family members forever damaging their relationships. Fortunately, Florida law allows for estate planning instruments to be created which can allow the heirs to skip the probate process entirely. One such instrument is a revocable trust, which is more commonly known as a “living trust.” The creation of such an instrument can allow an individual to rest easy knowing that their family will be able to worry about more important things when the time eventually comes. Lindsey Gardner Shneyder is a Melbourne trust attorney who will assist with the creation of such an instrument. Contact us online or by telephone today to schedule an initial consultation.
Melbourne lawyer creating revocable trusts as part of a broader estate plan
Florida recognizes several different types of trusts. The most common of these types, frequently used in estate planning, is known as a “revocable trust” or a “living trust.” This is an instrument through which an individual “the maker” places all of their assets within the trust. Management of these assets is then overseen by a “trustee.” The maker and the trustee are often the same person. The maker may continue to enjoy the use of these assets throughout their lifetime. Upon their passing a successor trustee will be placed in charge and will continue to manage the trust, or distribute the assets, in accordance with the terms of the instrument. Since the assets are owned by the trust, and not the maker, this process eliminates the need for probate as the trust survives beyond the passing of the maker.
Trusts provide far more flexibility in an estate plan than does simply having a last will and testament. A will requires that all assets be distributed immediately and that the estate be closed once this process is completed. A living trust, by contrast, allows for continued management of the assets after the passing of the maker. This means that the maker of the trust may decide that their heirs/beneficiaries must meet certain conditions before receiving their share of the trust’s assets. The successor trustee will be permitted to continue managing the trust and such beneficiaries would not receive their distributions until the requirements are met. An experienced attorney can help you with determining all of the options available under a trust and how to utilize them.
Lindsey Gardner Shneyder is a Melbourne lawyer who assists Florida residents with the creation of a living trust. Lindsey will use your initial consultation to determine whether the creation of a trust is the best way to meet your goals. If such is the case, then she will draft the instrument in a way that is clear, unambiguous, and set up to withstand legal challenges. Should revisions to the trust be necessary, then Lindsey will work to ensure that they are timely made. Such revisions may include adding or removing property, adding or removing heirs, and more. Our goal is to simplify your estate planning so that you may focus on the most important thing – your family. Contact us online or by telephone to schedule an initial consultation.
Experienced attorney assisting with broader Florida estate planning
A living trust is just one part of a comprehensive estate plan. Our firm is also able to assist with the creation of a last will and testament, a power of attorney, and with ensuring that as many of your assets avoid probate as possible. We understand the importance of such decisions. This is why Lindsey takes a personalized approach to every client we serve and she works to develop solutions tailored to each person’s needs. We are honored to serve the area’s estate planning needs. Contact us today to speak with an attorney.
In addition to Melbourne our firm also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.