Naples Estate Planning Attorneys

Providing Dependable Estate Planning Guidance in Cape Coral & Fort Myers

Do you have a plan for who would advocate for you if you were suddenly hospitalized and unable to communicate? Have you made arrangements for what will happen when you pass away? Thinking about death and incapacity can be unpleasant, but it is important to have these challenging conversations and take steps to prepare for the future. An estate plan provides safety, security, and peace of mind.

Whether you are starting from scratch or looking to build upon existing estate planning documents, our team at Lusk, Drasites & Tolisano has the knowledge and resources needed to assist you. Our firm has supported the estate planning efforts of our local communities for over 40 years, and we are committed to providing tailored guidance to our clients throughout their lives. No matter your objectives or the complexity of your situation, our Naples estate planning attorneys can help you implement comprehensive solutions that address your concerns, preserve your assets, and ensure your final wishes will be honored.

Call (239) 908-4930 or contact us online to schedule an appointment to discuss your estate planning needs with our estate planning attorney in Naples. Se habla español.

The Importance of Estate Planning

If you do not already have an estate plan in place, you may be wondering if you need one, especially if you are young and healthy. The truth is every adult should have at least a basic estate plan, no matter their financial or medical circumstances.

Estate planning is about more than deciding what will happen after you pass away, as it is also about preparing for the possibility of incapacity. Nearly all estate planning documents can only be created if you are of “sound mind,” meaning you will be unable to implement new tools if your health deteriorates. No one can be sure what will happen tomorrow, and the last thing you want is to burden your loved ones should you become hospitalized or even pass away without any plan for what comes next.

If you become incapacitated and unable to communicate without an estate plan, you will not get any input in the types of care you receive. Your loved ones will not automatically get the authority to make decisions about treatment on your behalf, nor will they be able to manage your financial affairs. Planning for incapacity gives you the confidence of knowing that people you trust will be working to protect your interests when you cannot do so yourself. 

Passing away without an estate plan can also lead to unfortunate consequences. Any final wishes you may have had for your minor children or property will not matter: Florida’s intestacy laws will decide who will look after your children and who will inherit your assets. 

Do not put off creating an estate plan. Our Naples estate planning attorneys are happy to help you get started. 

Our Firm’s Estate Planning Services 

No estate is too large or complex for our legal professionals. Whatever your concern, we are confident we can walk you through your options and provide the dedicated support you need to achieve your goals. 

Our team at Lusk, Drasites & Tolisano can assist you with many types of estate planning tools and objectives, including:

• Asset Protection & Wealth Preservation. While Florida does not have an inheritance or estate tax, large estates may still be subject to federal estate taxes and other tax obligations when assets are transferred to beneficiaries. We can employ numerous wealth preservation strategies that seek to minimize the impact of these taxes. Our firm can also help you use planning tools to achieve asset protection. 
• Guardianships. If a minor child does not have a suitable parent or an adult is no longer able to care for themselves, they will need a legal guardian to make personal and/or financial decisions on their behalf. Securing a guardianship can be a complicated and arduous process, but we can guide you every step of the way. 
• Health Care Surrogacy. You will want someone who has permission to access your medical records and make treatment decisions in the event you become hospitalized. A health care surrogacy formally grants these permissions and gives your chosen surrogate the ability to advocate for you. 
• Medicaid Planning. Many people cannot afford long-term care without Medicaid benefits, but meeting the program’s restrictive criteria is often not possible without proactive planning. We can leverage estate planning tools to facilitate and protect your or a loved one’s eligibility. 
• Powers of Attorney. When you make someone your power of attorney, you give them authority to act on your behalf in the conditions and scope you specify. For example, you can choose to give someone the ability to manage your bank accounts and pay bills should you become incapacitated. 
• Probate. When someone passes away, their estate must be closed through the probate process. Probate is notoriously unpleasant and costly, which is why many estate planning tools are designed to help people avoid the bulk of it. We can assist families in Naples who need help navigating probate.
• Will Contests. During probate, certain parties have the right to contest the validity or enforceability of a will on certain grounds, and litigation will generally be necessary to resolve the objection. We represent plaintiffs and defendants in these matters.
• Wills & Trusts. In your will, you can specify who will inherit your assets, who will look after your minor children, and who will be responsible for settling your estate. Trusts can perform a variety of functions, including facilitating asset distribution without probate.

Your estate plan is fluid and should reflect your current circumstances, meaning you should review your documents every time you experience a major life event. Examples include the birth of a child, a marriage, divorce, or moving to a new state. You should still look over your estate plan every few years even if you are confident nothing significant has changed. Our Naples estate planning lawyers will be here whenever you need us to help you make any necessary adjustments.

Frequently Asked Questions

What Happens If I Die Without a Will in Naples?

Dying without a will is known as dying intestate. In Naples, Florida, the intestacy laws will dictate how your assets are distributed. Generally, your spouse and children will inherit your estate, but the specifics depend on their legal relationship to you and each other. Without a will, the estate distribution process can become lengthy and complicated, increasing the potential for disputes among heirs. It's advisable to have a will to control the division of your estate and minimize potential conflicts among your beneficiaries.

How Often Should I Update My Estate Plan?

Regular estate plan reviews are essential. Adopt a practice of reviewing your documents every three to five years or after significant life events, such as marriage, divorce, birth of a child, or a significant change in financial status. Changes to state or federal laws may also warrant a review to ensure continued compliance and relevance in achieving your long-term goals. 

What Is the Role of an Executor in Naples?

An executor manages your estate's distribution according to your will. This role is pivotal, requiring the executor to gather assets, pay debts and taxes, and distribute the remaining estate to your beneficiaries. The role is fiduciary, meaning the executor must act in the estate's and its beneficiaries' best interest, often involving legal and financial guidance. Selecting a trustworthy and capable executor is critical in ensuring your estate is settled efficiently and in line with your wishes.

How Can a Trust Benefit My Estate Plan in Naples?

Trusts are versatile tools in estate planning, providing benefits such as probate avoidance, tax reduction, and privacy. Placing assets in a trust can bypass probate, ensuring faster and more private distribution to beneficiaries. Trusts can also be designed to manage assets during your lifetime if incapacitation occurs, providing a seamless transition and management of your estate. With our guidance, you can tailor a trust to fit your needs, offering security and flexibility for you and your loved ones.

Can I Make Changes to My Will?

Yes, wills can be amended entirely through codicil documents or by drafting a new will. Changes must reflect current preferences and align with existing laws. However, verbal changes or informal notes may not be legally binding. 

Contact Our Estate Planning Attorney in Naples Today

If you’re ready to secure your family’s future, our Naples estate planning attorney is ready to help. Whether you need assistance with wills, trusts, powers of attorney, or a comprehensive estate plan, we deliver personalized legal guidance tailored to your individual goals. Contact us today to schedule a confidential consultation and gain peace of mind knowing your legacy is in trusted hands.

If you need help updating your estate plan, do not hesitate to call our Naples estate planning lawyers today at (239) 908-4930 or contact us online.