Planning your estate may not be the easiest conversation to have, but it’s one of the most important. Establishing clear legal instructions through wills and trusts helps protect your assets, ensure your wishes are honored, and make things easier for your loved ones down the road.
At the Law Office of Mary E. King, P.L., we assist Sarasota-area clients with estate planning tailored to their unique goals and family situations. If you’re thinking about creating a will, setting up a trust, or planning for unexpected events, this guide can help you understand your options.
Why a Will Matters
A will is a foundational estate planning document that outlines how your property and personal belongings should be distributed after you pass away. It also allows you to name a personal representative (executor) who will manage your estate according to your instructions.
Even if your wishes are simple—such as leaving everything to your spouse or children—a will ensures your intentions are legally documented and enforceable. It also helps minimize confusion and avoid potential conflicts among heirs.
The Advantages of Having a Will
Relying on default inheritance laws can lead to unintended consequences. When you create a will, you get to:
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Decide exactly who receives what
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Appoint a trusted person to handle your affairs
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Reduce the risk of disputes among family members
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Provide clear direction, even in blended family situations
A properly drafted will brings peace of mind and legal clarity—especially when done with help from a skilled wills and trusts lawyer in Sarasota.
What Happens Without a Will in Florida?
If you die without a will (known as dying “intestate”), Florida’s laws will dictate how your estate is divided. In most cases, your spouse or children inherit, but family structures can complicate matters—especially with stepchildren, previous marriages, or no surviving immediate family.
Rather than leave things up to chance, working with a wills attorney ensures that your personal wishes are known and followed.
What Is a Living Will?
A living will is different from a traditional will. It doesn’t involve your assets—instead, it outlines your preferences for medical care in case you’re unable to communicate due to illness or injury.
For example, you can use a living will to state whether or not you want life-prolonging procedures such as feeding tubes, ventilators, or resuscitation under the following conditions:
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Terminal illness
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End-stage conditions
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Persistent vegetative state
Pairing a living will with a health care surrogate designation (medical power of attorney) gives someone you trust the authority to make medical decisions if you’re incapacitated.
Understanding Powers of Attorney
A power of attorney (POA) allows you to authorize someone else to act on your behalf. This is especially important in situations where you become incapacitated or are unavailable to manage your personal, financial, or medical matters.
Types of POAs include:
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General POA – Broad authority over financial and legal affairs
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Durable POA – Remains valid even if you become mentally incapacitated
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Medical POA – Designates someone to make healthcare decisions for you
Having a POA in place as part of your estate plan helps ensure that trusted individuals can step in when needed, without court involvement.
What Is a Trust?
A trust is a legal tool used to manage and distribute assets during your lifetime or after your death. You transfer property into the trust, name a trustee to manage it, and define how and when assets should be distributed to your beneficiaries.
There are two main types of trusts:
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Revocable Living Trust – Flexible and can be changed during your lifetime
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Irrevocable Trust – Cannot be changed but may offer tax benefits and asset protection
Trusts are especially helpful for avoiding probate, maintaining privacy, and managing complex estates. A trust attorney in Sarasota can help determine which type of trust is right for you.
Why Consider a Trust?
While a will only takes effect after your death, a trust can be used during your lifetime as well. Some of the key advantages include:
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Avoiding the delays and costs of probate
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Protecting your privacy (trusts aren’t public record)
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Structuring long-term financial support for dependents
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Reducing estate taxes and protecting certain assets
Trusts are ideal for those who want more control over how their estate is handled both now and in the future.
Work With a Sarasota Wills and Trusts Attorney You Can Rely On
Whether you’re preparing a will, setting up a trust, or drafting powers of attorney, having a knowledgeable legal partner makes all the difference. At the Law Office of Mary E. King, P.L., we’re here to guide you through every step of the estate planning process.
We’ll help you create a personalized plan that aligns with your wishes, protects your assets, and gives your loved ones clarity and security.
Ready to take the next step? Contact our Sarasota office today to schedule a consultation and learn more about how we can help you with wills and trusts that stand the test of time.