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Estate Planning Attorney in St. Johns FL: Your Questions Answered
If you are a St. Johns FL resident thinking about a will, a trust, or other estate planning documents, you probably have questions before you pick up the phone. That is completely normal. Below, Alyssa Shorstein, our St. Johns County estate planning attorney, answers the questions she hears most often in consultations.
Does Everyone in St. Johns FL Really Need an Estate Plan?
Yes. Every adult needs at least some estate planning documents. You may not need anything complicated, but you do need something. If you pass away without a will in Florida, state law decides where your property goes — and those rules may not match your wishes. The process can also end up being significantly more costly for your loved ones when there has been no planning ahead of time.
What Is the Difference Between a Will and a Living Trust?
A will directs where your assets go after you die, but your estate must still go through probate — a court-supervised process that takes time and costs money. A living trust can allow your loved ones to avoid probate entirely, which lets them transfer property in a less costly and time-consuming way. Not everyone needs a trust, but certain circumstances make one clearly the better choice, such as owning real property outside of Florida.
What Preplanning Documents Should I Have?
A complete estate plan covers more than what happens at death. We also put in place what we call “preplanning documents” for your lifetime: a power of attorney, a health care surrogate, a designation of pre-need guardian, a living will, and an advanced directive in case of dementia. Each one serves a specific purpose, and we walk you through every document during your consultation so you can decide what fits your situation.
What Happens During the First Consultation?
During your first meeting, we discuss the types of assets you own and where they are located, your debts, your family members (including pets), any additional beneficiaries such as charities or friends, the possibility of estate taxes, whether any beneficiaries have special needs, and whether a will or a trust best serves your goals. You leave with a clear picture of your options and our recommendation for your circumstances.
Can Shorstein and Lee Come to a Terminally Ill or Homebound Client?
Yes. If your loved one cannot come to our office, we will go to them — as long as they have the legal capacity to make estate planning decisions. Capacity means the person understands who their family members are and what their assets and debts look like. If, after meeting with them, we determine capacity is not present, we will be honest with you about that.
How Long Has Alyssa Shorstein Been Handling Estate Plans in St. Johns County?
Alyssa Shorstein has been drafting estate plans and handling probate and trust administrations since 2009, when she opened her own practice. She earned an Estates and Trusts Certificate from the University of Florida Levin College of Law and has served on the St. Johns County Bar Association Board. She also completed two terms on the Florida Bar Grievance Committee 7B.