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5 Essential Tips When Creating a Will or Trust in Florida

Planning for the future isn’t just about numbers and paperwork—it’s about ensuring your loved ones are cared for and your legacy lives on without unnecessary conflict. When it comes to wills and trusts, the difference between a smooth process and a legal battle often lies in the details.

Drawing from her extensive experience in trust and probate litigation, Janine McGuire, a partner at Conrad & Scherer, has seen how thoughtful planning can prevent disputes and protect family relationships. She’s put together these key tips to help you anticipate challenges, make informed decisions, and create an estate plan that works seamlessly for you and your loved ones.

Here are five essential tips to consider when creating a will or trust, designed to protect your assets and avoid common pitfalls.

1. Define Your Beneficiaries

The cornerstone of any will or trust is determining who will benefit from your estate. Your beneficiaries might include:

• Family members, such as a spouse, children, or grandchildren.
• Friends or other loved ones.
• Charitable organizations or causes that are important to you.

Be as specific as possible when naming beneficiaries to avoid misunderstandings. For example, instead of saying “my children,” list their names and clarify whether you include stepchildren, adopted children, or children from previous marriages.

2. Plan for Contingencies

Life is unpredictable, so it’s crucial to include contingency plans in your estate documents. Consider:

• Who should inherit if a primary beneficiary predeceases you?
• Should their share pass to their descendants, a backup beneficiary, or be redistributed among surviving beneficiaries?
• How should changes in relationships (like divorce or remarriage) affect inheritance plans?

Accounting for these “what if” scenarios ensures your assets are distributed exactly how you intend, even under unforeseen circumstances.

3. Choose a Trustworthy Personal Representative

The personal representative, also known as the executor, administers your estate after your passing. Their responsibilities include:

• Collecting and managing assets.
• Paying debts, taxes, and expenses.
• Distributing assets to beneficiaries.

Selecting a personal representative requires careful thought. Look for someone who is reliable, organized, and impartial. If you anticipate potential family conflict or have a complex estate, you may want to appoint a professional, such as a fiduciary or attorney, to handle the role.

4. Minimize Conflict Among Beneficiaries

Disputes over wills and trusts can lead to costly litigation and fractured relationships. To help minimize conflict:

• Communicate your wishes to your beneficiaries while you’re alive.
• Clearly explain any decisions that might seem unfair, such as unequal distributions.

When appointing a personal representative, think carefully about family dynamics. For example, if your children do not get along, appointing one child as personal representative over the others may create tension or resentment. Instead, consider appointing a neutral third party, such as a professional fiduciary or attorney, to avoid favoritism and foster unity among your beneficiaries.

Regularly updating your estate plan after significant life events (like births, deaths, marriages, or divorces) can also help minimize misunderstandings and promote harmony.

5. Understand the Tax Consequences of Your Plan

Tax implications are an important part of estate planning that shouldn’t be overlooked. Depending on the size and structure of your estate, your beneficiaries may face:

• Federal and state estate taxes.
• Inheritance taxes in some states.
• Capital gains taxes when inheriting certain assets.

You can work with an experienced estate attorney or tax professional to explore strategies to minimize tax burdens, such as gifting during your lifetime, creating trusts, or taking advantage of exemptions. Proper planning can ensure more of your assets go to your intended beneficiaries.

Peace of Mind for the Future

Creating a will or trust is one of the most important steps you can take to secure your legacy. Thoughtful planning can reduce the likelihood of disputes, but if conflicts arise, having experienced legal support is essential.

At Conrad & Scherer, we focus on helping clients navigate the complexities of probate and trust litigation. If you’re facing a dispute over a will or trust—or need guidance to resolve estate-related conflicts—our attorneys are here to help. Contact us today to learn more about how we can assist you.