Wills and Trusts Attorney in Brandon
A comprehensive will and trust plan protects your family and assets. Curry Law Group provides personalized estate planning.
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Wills vs Trusts
A will directs asset distribution after death but requires probate. A revocable living trust avoids probate, maintains privacy, and provides management continuity if you become incapacitated. Most estates benefit from both documents.
Revocable Living Trusts
A revocable living trust holds title to your assets during life, avoiding probate upon death. You retain control and can modify or revoke it anytime. Upon death, a successor trustee distributes assets per your instructions without court involvement.
Irrevocable Trusts
Irrevocable trusts cannot be modified once created. They protect assets from creditors, reduce estate taxes, and qualify for Medicaid planning. Common types include Medicaid Asset Protection Trusts and Charitable Remainder Trusts.
Estate Tax Planning
Federal estate tax applies to large estates (over $13.6 million in 2024). We use strategies like portability, GRAT trusts, and charitable donations to minimize estate taxes and preserve more wealth for beneficiaries.
Frequently Asked Questions
Do I need both a will and trust? For most people, yes. A will handles matters trusts don't cover and serves as a safety net. What happens if I die without a will? Your estate goes through intestate probate, with assets distributed per Florida law, not your wishes. Can I modify a living trust? Yes, revocable trusts can be modified anytime during your life.
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Important Estate Law Terms
Understanding these terms can help you make informed decisions about your case.
Ancillary Probate
A separate probate proceeding in a state where a deceased person owned property, in addition to the main probate in their home state. It is often needed for Florida real estate owned by non-residents.
Read full definitionBeneficiary
A person or entity named to receive property or benefits from a will, trust, or insurance policy. Beneficiaries may be primary or contingent if the primary beneficiary cannot inherit.
Read full definitionCodicil
A formal amendment or addition to an existing will. In Florida, a codicil must be executed with the same formalities as a will — signed and witnessed.
Read full definitionElective Share
A surviving spouse's right under Florida law to claim a portion of the deceased spouse's estate — generally 30% — even if the will leaves the spouse less or nothing.
Read full definitionEstate Administration
The legal process of transferring a deceased person's property to the rightful heirs or beneficiaries, whether or not there was a will. It ensures debts are paid and assets are distributed correctly.
Read full definitionEstate Tax Planning
A legal plan to reduce or avoid estate taxes on assets passed to heirs. It uses tools like trusts, gifts, and marital deductions to preserve more wealth for beneficiaries.
Read full definitionStart Consultation
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Forms & Common Questions
Get immediate answers and the right intake forms for your matter.
Related Legal Forms
Estate Planning Questionnaire
Comprehensive form covering assets, liabilities, and beneficiaries for estate planning.
Wills Information Questionnaire
Detailed questionnaire for will preparation including guardians, trustees, and beneficiaries.
Wills Client Questionnaire
Client intake questionnaire specifically for will drafting and estate distribution.
Probate Questionnaire
For probate administration after a loved one passes — includes asset inventory.
Top-Asked Questions
Yes. A will lets you control how your property is distributed and who raises minor children. A revocable living trust avoids probate (saving time/money), provides privacy, and manages your affairs if you become incapacitated. Many people benefit from both. We recommend consulting an estate attorney to determine what's right for your situation.
Probate is the court process that authenticates your will and distributes property. In Florida, it typically takes 6 months to 2 years depending on complexity and asset value. It's public, can be expensive, and ties up assets. A properly drafted trust avoids probate entirely.
A will only takes effect after death and goes through probate. A living trust takes effect immediately, avoids probate, provides privacy, and lets you manage your affairs if incapacitated. Trusts are more complex but offer significant advantages for most people. We help you decide which documents you need.
You create a durable power of attorney (for financial decisions) and health care power of attorney (for medical decisions). These documents let you name someone to make decisions if you become unable to. Without them, your family must go to court for guardianship—expensive and public. Plan ahead to avoid this.
Florida has no state estate tax, but federal estate tax applies to estates over $13.61 million (2024). Your estate might still owe federal taxes, and beneficiaries inherit property at stepped-up basis (reducing capital gains tax). Proper planning minimizes taxes. We help structure your estate tax-efficiently.
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