Frequently Asked Questions
Clear answers to common questions about estate planning, probate, trusts, elder law, and asset protection in Florida. This page provides general information, not legal advice.
General
What areas of law do you handle?
Do you offer virtual consultations?
After You Sign: Storing Your Will & Trust
Where should I keep my signed original documents?
- Attorney storage: We do not retain originals due to disaster-risk and continuity concerns.
- Home safe: Acceptable if bolted down; otherwise thieves may remove the entire safe.
- Freezer method: Some store originals in an airtight bag at the bottom of a freezer. Freezers are well insulated and heavy, and have a way of withstanding fires, hurricanes, and tornadoes.
Keep digital copies for reference, but remember: the court relies on the original.
If a Will is in a safe-deposit box, how is it accessed after death?
Should I give copies of my Will or Trust to family or fiduciaries?
- Keep private if distributions are unequal, trust is an issue, or you prefer confidentiality.
- Share copies if communication is open and shares are equal, it reduces confusion later.
If you update your Will/Trust, replace prior copies to avoid conflicts over which version governs.
Gifting & 529 Plans
How much can I give without paying gift tax?
Why are 529 college savings plans so popular?
Trusts (Living, Bypass, Insurance)
Who should consider a Living Trust? Pros and cons?
- Avoids probate: Smooth post-death administration when assets are properly titled in the trust.
- Privacy: Unlike a Will’s public inventory, trust assets/values remain private.
- Incapacity planning: A successor trustee can manage finances; fewer acceptance issues than some POAs.
- Fewer challenges: Trusts can be harder to contest than Wills.
- Out-of-state property: Titling in trust can avoid ancillary probate in other states.
Drawbacks:
- Setup/funding takes time; you must title assets to the trust and maintain it.
- More complex than a simple Will; revoking/unwinding later can be tedious.
- Doesn’t eliminate work for taxable estates (valuations, returns, etc.).
- Missing even one asset may still require probate.
Florida trustees must file a Notice of Trust with the court after death, and in limited cases, may pay estate expenses/creditors.
Living Trust vs. Bypass Trust — what’s the difference?
Why use an Irrevocable Life Insurance Trust (ILIT)?
Custodial Accounts (UTMA/UGMA)
My child’s custodial account is large—can I keep control when they reach the age of majority?
Can I reimburse myself from a custodial account if it’s overfunded?
Tax & Basis
What is a “step-up in basis” on inherited assets?
I inherited stock with very low original cost—when are taxes due?
Health Care Surrogate & Living Will
Difference between a Living Will and a Health Care Surrogate?
Can my Surrogate override my Living Will?
Probate
Which assets avoid probate?
Is probate required for small estates? Are insurance proceeds counted?
