
Estate Planning Attorney in The Villages
Comprehensive Estate Planning Services to Suit Your Needs
Regardless of your age, the size of your estate, or where you currently find yourself in life – you need an estate plan. An estate plan is not merely the tool of the elderly or wealthy, but is an instrument for ensuring your personal health care and financial needs are met if you become incapacitated, and a device for ensuring you – and not the government – determine how, when and to whom your assets are distributed after your death.
One-size-fits-all estate plans will not provide you with the security or peace of mind you deserve because you are unique – there is no one else like you. Therefore, your estate plan should be custom-tailored to reflect your distinctive needs and wants both during life and after death. Having an estate plan that reflects you means less stress for you and your family when the storms of life come raining down.
At Marshall Law, my team and I assist clients with every step of the estate planning process, from the initial meeting all the way through final distribution of a client’s estate after death. I believe in approaching estate planning from a client-centered perspective, taking into consideration each client’s personal needs and goals, meaning each client has an estate plan as individual and unique as they are. If you are looking to create a quality and meaningful estate plan, contact Marshall Law today!
Estate Planning to Address Your Financial and Health Care Needs During Life
When people think about estate planning, they often assume it only addresses what happens to their assets after death. However, estate planning is also a mechanism for addressing what happens if a person becomes incapacitated and is unable to manage their own financial and/or health care needs. At Marshall Law, we are committed and able to address all your legal needs to ensure you are fully prepared for any situation life throws at you.
To avoid the court deciding who will manage your finances or make your health care decisions, you should have the following:
- Durable Power of Attorney: identifying who will manage your finances if you are unable to do so, and granting them authority to act on your behalf. Anyone aged eighteen (18) and older needs a well-drafted and comprehensive Durable Power of Attorney.
- Advanced Healthcare Directives (HIPAA waiver, Designation of Health Care Surrogate and Living Will): addressing who can make your health care decisions if you are unable. No one eighteen (18) or older should be without Advanced Healthcare Directives.
- Revocable Living Trust: can be used if your estate has sufficient liquid assets and you want an independent and professional third party, such as an attorney, CPA, or trust company, to manage your assets during incapacity.
Using Estate Planning to Protect Your Family After You Pass
As we all know, when you die, you cannot take your assets with you. Nonetheless, that does not mean you cannot have a say regarding who is the beneficiary of your estate and how assets will be distributed. In fact, a well-crafted estate plan can create benefits for your family, friends, charities – and even pets! – that may not have been possible during your lifetime.
Did you know you can give your child an inheritance that may be exempt from the claims of their creditors, provide an inheritance to an autistic grandchild who is receiving government benefits without compromising their benefits, establish an ongoing building fund at your church, or even create a trust for the care of your 4-legged companion so they are more likely to be adopted and cared for in a loving home after your death? There are many interesting benefits that a well-crafted estate plan can accomplish.
At Marshall Law, we want to discuss not only who your beneficiaries are, but how we can find ways to give them the best protection and benefit possible, so the money and other assets you leave behind will enhance the lives of others. Let’s work together to leave behind a legacy, not just a passing memory.
Elder Law Expertise
At Marshall Law, we recognize that with life expectancies on the rise, many will find themselves needing skilled nursing care but without the means to pay for it. We are dedicated to assisting our clients navigate the complex – and dare we say “frustrating” – process of obtaining Medicaid benefits. With care and compassion, we at Marshall Law will work to help you and your family understand the various rules and regulations that govern Medicaid eligibility and provide the legal guidance needed to become Medicaid eligible. We also understand the need to work with strategic partners who can navigate the Medicaid application process, and will introduce our clients to those strategic partners who have the same commitment and customer-centered approach we believe is the cornerstone of our practice.
Trust Administration and Probate in The Villages
Marshall Law was founded on not only creating estate plans, but administering them as well. Marshall Law’s legal team brings decades of experience in handling both trust and probate estates, ensuring trustees and personal representatives comply with both the terms of the Trust and/or Will they are administering and applicable Florida law.
Marshall Law’s estate administration team has extensive experience in handling the administration of revocable and irrevocable trusts, as well as testate (with a Will) and intestate (without a Will) probate estates. Through it all, Marshall Law will provide personalized and compassionate legal services to help you and those involved in the estate administration process navigate this difficult time.
Estate Planning Best Practices- Frequently Asked Questions About Estate Planning In Florida
I always try to help my clients understand as much as possible about estate planning and their options. Here are some of the most common concerns my clients express: Having the right estate planning documents in place is essential for ensuring your wishes are carried out.
At what age should I start thinking about estate planning?
Estate plans are important to every legal adult. Anyone who is 18 years of age or older should have an estate plan. Even if you do not have a car, savings or a home, you still need to consider things like who you want in charge of your financial and medical affairs if you are incapacitated and unable to make decisions for yourself. You may also want to direct how sentimental personal items are distributed in the event of your death. Starting early with your estate planning can provide significant asset protection and peace of mind.
What are the key components of a comprehensive estate plan?
A comprehensive estate plan typically begins with a Will or a Trust, and should also include a Durable Power of Attorney and Advanced Healthcare Directives. But it does not stop there. A comprehensive estate plan should also take into consideration tax and asset preservation strategies, the individual needs of each of your beneficiaries, the prospect of needing skilled nursing care in the future, and even a plan for addressing issues you cannot reasonably predict today (yes, we can prepare for that!).
What factors should I consider when choosing beneficiaries?
Your beneficiaries can be nearly anyone you choose, including a charity and even pets. When thinking about individuals as beneficiaries, you may want to consider various issues that include, but are not limited to, the following:
- Careful planning should be undertaken to ensure an an inheritance for minors or young adults is a benefit to them and not a future harm waiting to happen;
- Consider each beneficiary’s money management skills, since there are ways to protect them from their own worst instincts or habits; and
- Contemplate contingency plans for addressing what happens if a beneficiary predeceases you.
What life events might prompt me to update my estate plan?
Life is always full of change, and many of those changes should prompt you to review your beneficiary designations over the years. Life events like marriage, divorce, the birth of a child or grandchild, relocating to another state, or changes in your personal relationships should all trigger a thorough review of your current estate plan to see what should be updated.
Why Choose Marshall Law?
At Marshall Law, we are dedicated to providing exceptional legal services to our clients in The Villages and throughout Central Florida. John T. Marshall has extensive experience in estate planning, elder law, Trust Administration, Guardianship, Probate, and business law, and both he and his team are committed to helping our clients achieve their estate planning goals. We offer a range of legal services, including comprehensive estate planning, trust administration, probate, Medicaid, and Business planning services. Our law office is committed to providing personalized and professional legal services to each and every one of our clients.
Estate Planning Is a Process. I Can Help You Through It.
Estate planning is not a one-and-done process. As you move through life, events such as a marriage, divorce, birth of a child, relocation, etc. – may require you to update your estate plan. By staying on top of your plan, you can have peace of mind knowing that you and your family are taken care of. Regularly updating your estate plan ensures it continues to meet your evolving estate planning needs.
Estate planning, however, goes far beyond a collection of legal documents. It is a process that requires clearly defined objectives coupled with a custom-tailored plan that utilizes different strategies and documents to ensure your medical and financial needs are met. To learn more about how an estate plan can benefit you, contact us to schedule a consultation. Call 352-432-8859 or reach out to us online to get in touch.
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Testimonials
John is a fabulous family estate planning law attorney to work with. He explained everything to me about the estate plan, first working with my mother for many years, and now me as her representative. He did so in a way that I could understand and was very prompt and clear with communication the entire time. John and Patti display a tremendous amount of empathy and patience in dealing with elderly clients like my mother. Soon I will be utilizing John and Patti's expertise to formulate my own estate plan for my family's future. John and Patti treat you like family and I feel they will forever be a part of our family. Needless to say John Marshall law is highly recommended!
MoreGet Started with Your Estate Plan
At Marshall Law, we believe that estate planning is an essential step in securing your family’s future. John T. Marshall and his team are dedicated to helping our clients create comprehensive estate plans that address each client’s unique needs and goals. We offer a range of estate planning services, including the creation of Wills, Trusts, Powers of Attorney, and Advanced Healthcare Directives (HIPAA Waiver, Designation of Healthcare Surrogate, and Living Will). We also provide Medicaid planning services to help our clients navigate the complexities of elder law. Contact us today to schedule an initial consultation and get started with your estate plan.
Call us at (352) 432-8859
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We look forward to serving you!