Facts versus Fiction: Estate Planning
Once complete, my will is always valid
A spouse that is not provided for in a will can contest the distribution
Florida’s elective share is 30% of the augmented estate, a calculation which includes both probate and non-probate assets. A spouse who is devised less than this share, without a proper waiver in place, is entitled to contest the planned distributions to receive their share.
I don’t have many assets – estate planning is worthless for me
Estate planning is not only about assets, it is also the process by which you determine who receives personal belongings, choose a guardian for children, and set advance healthcare guidelines for your care.
Even if you have few assets, planners frequently discover the statutory defaults in Florida do not meet your wishes for those assets. The process of estate planning and in particular, composing your Last Will and Testament with an experienced estate planning attorney, help ensure your wishes will be met.
Wills increase the expenses after death
Probate can be avoided
Oldham & Delcamp is a member of the Attorney’s Real Estate Council of Pinellas County, is also currently on the Board of Directors of the Pinellas County Bar Association, and is the former chair of the Real Property section.
When your freedom is on the line, you need an attorney that is aggressive, responsive, and experienced. Oldham & Delcamp is committed to making sure that each of our clients receives the personalized attention of one of our attorneys.