Providing clients advice as an estate planning attorney is challenging. One of the primary challenges is trying to simplify a complex process. Oftentimes, clients will come into the office with a specific request, such as “I need a will” or “I need a trust”. Under these circumstances, it may be tempting for the estate planning attorney to go ahead and follow the client’s instructions, notwithstanding that the attorney feels there may be a better alternative to address the client’s specific situation. The attorney may do this to avoid looking like he is trying to increase his fees by introducing excessive planning documents into the equation that are unnecessary in the client’s eyes.
Explaining how other areas of law such as homestead laws, laws relating to ownership of financial accounts, as well as real property forms of ownership relate to the probate process is difficult. The law regarding these topics and the case law governing issues such as joint tenancies, tenancies by the entirety and financial accounts is sometimes difficult to reconcile. Having to explain these topics to clients is sometimes even more challenging.
As an estate planning attorney, I do my best to present these topics in an easy-to- understand fashion when possible. I will try to present a few solutions to a particular client, providing the risks and benefits to be achieved, so that they can ultimately decide how to approach their estate plan. This may include a revocable trust, a will, a combination of both, or a lady bird deed. Although probate avoidance has become the primary goal for many, sometimes there are competing concerns that may outweigh any negatives associated with formal administration of an estate.
We will always attempt to simplify the estate planning process for you. If we introduce another document for you to consider adding to your estate plan, it is only because we feel you or your family may benefit from it.
If you need assistance with any issues such as durable powers of attorneys, wills, trusts, probate or, contact our office to discuss these issues with an estate planning attorney.
Estate Planning Fort Lauderdale

CategoryLegal Blog