Wills & Trusts Clearwater, Florida
Attorney Agnieszka “Aga” Piasecka is a Estate Planning Lawyer in Clearwater, Florida and Poland with more than 19 years of legal experience. Attorney Aga Piasecka is fluent in English, Polish and Italian and can assist you with your Will, Trust, and Estate Planning needs in Clearwater, Florida.
Last Will and Testament
A “last will”, also called “testament” is a written legal instrument, in which a person disposes of his or her property after death. Under Florida law, in order to be valid, a will must fulfill certain legal requirements. Wills must be probated by probate court in probate proceedings. After one’s death, a will must be filed with the court and go through probate proceedings. The custodian of the deceased’s original will, must file the will with the Clerk of the Court in the county where the decedent was domiciled, within 10 days after learning the person is deceased.
A will typically appoints a person to administer the deceased’s estate, so-called Personal Representative. If no Personal Representative has been named, the probate court will appoint a Personal Representative. Florida rules of law govern, who can become a Personal Representative and how will she or he be compensated.
A “living will” is a written legal instrument stating a person’s desires regarding his or her medical treatment and/or end-of-life medical care in case of serious illness when they are no longer able to express informed consent and communicate their decisions to physicians and medical personnel. It is also called a “health care directive” or “advance directive”. A “living will” is different then a regular will, in which a person expresses their desires regarding distribution of their assets after death. Unlike a will, a “living will” applies when a person is alive and has no power after one’s death.
A “living will” is a very important document, which can give doctors and family members invaluable guidance with making critical decisions as to a choice of medical treatment when a person becomes seriously ill and can no longer give informed consent and communicate their preferences.
Attorney Piasecka offers FLAT RATES for the preparation of last will and testaments and living wills in Clearwater, Florida.
For a FREE consultation regarding your last will and testaments and living wills or estate planing needs please call:
A “trust” is a legal arrangement regarding property, in which the creator of the trust (called Settlor) transfers ownership of assets into care of a Trustee, who holds legal title to property of the settlor with equitable duties to administer it for the benefit of a Beneficiary. A Settlor can be the same person as trustee and there can be more than one Beneficiary of the trust, including the Settlor. The document that creates the trust and establishes the responsibilities of the trustee and the rights of the beneficiaries is called the “trust”, “trust instrument” or “trust agreement”. In order to form a valid trust, one must meet certain legal requirements. A trust should be prepared by a licensed attorney.
The main advantage of creating a trust (as opposed to a will) is to avoid probate proceedings and spare your beneficiaries the expense and delay of probate court proceedings after your death. Certain trusts can be also used for asset protection against creditors (irrevocable trusts) and to preserve a disabled person’s ability to receive disability benefits, while keeping their assets (special needs trusts).
Probate is a court-supervised legal process, through which the assets of a deceased person are identified and distributed to the heirs or beneficiaries under a will or, if there is no will, pursuant to Florida probate law. A will typically appoints a personal representative to administer the estate. If the deceased left no will and there are assets to be probated, the estate of the decedent must be distributed pursuant to probate law. Generally, the decedent’s assets are identified and gathered and they are first used to pay the costs of probate proceedings, then to pay the decedent’s debts, and the remainder is distributed to the decedent’s beneficiaries.
There are many different types of trusts. Attorney Aga Piasecka can assist you with your trust in Clearwater, Florida. Attorney Piasecka offers FLAT RATES for the preparation of trusts.
For a FREE consultation regarding your wills, trusts and estate planing needs please call: