Why a Simple Will Isn't Enough (And What You Need Instead)
Picture this: You’ve worked hard your entire life. You’ve bought a home in beautiful Wakulla County, saved for retirement, and built a life you’re proud of. You want to make sure that when you’re gone, everything transitions smoothly to your loved ones with minimal hassle and expense.
Many people believe a simple will is all they need. Unfortunately, that’s rarely the case.
A will alone means your family will likely face probate – a court-supervised process that can take 6-12 months (sometimes years), cost thousands in legal fees, and play out entirely in public records. In Florida, even a “simple” probate typically costs between 3-5% of your estate’s value.
That’s why we created our Comprehensive Trust Package – a complete set of carefully crafted legal documents that work together to protect you and your family during your lifetime and ensure your legacy passes according to your wishes without the delays, costs, and public exposure of probate.
What’s Included in Our Trust Package?
Our flat-fee Trust Package includes everything you need for complete protection:
1. Revocable Trust Agreement
Think of this as the foundation of your plan – the document that holds and manages your assets while you’re alive and distributes them according to your exact wishes after you’re gone. Unlike a will, a properly funded trust allows your heirs to receive their inheritance without going through probate.
Why it matters: Without a trust, your family faces probate court, public proceedings, delays of months or years, and significant costs that reduce what your loved ones receive.
2. Pour-Over Will
This special type of will works alongside your trust to ensure any assets that weren’t placed in your trust during your lifetime are “poured over” into your trust after death, keeping your entire plan intact.
Why it matters: This acts as a safety net, ensuring forgotten assets or those acquired shortly before death still follow your overall plan rather than being distributed according to state law.
3. Durable Power of Attorney
This critical document allows someone you trust to handle financial and legal matters if you become incapacitated. It’s “durable” because it remains effective even if you become unable to make decisions.
Why it matters: Without this, your family might need to petition the court for guardianship – an expensive, time-consuming process that removes your ability to choose who manages your affairs.
4. Healthcare Surrogacy Designation
This appoints someone you trust to make medical decisions on your behalf if you cannot communicate your wishes.
Why it matters: In a medical emergency, doctors need clear direction about who can make decisions. Without this document, healthcare providers may be legally unable to follow your family’s instructions.
5. HIPAA Release & Authorization
This allows healthcare providers to share your medical information with the people you designate – crucial during a health crisis.
Why it matters: Due to strict privacy laws, even your spouse or adult children might be denied information about your condition without this authorization.
6. Living Will
This document specifies your wishes regarding life-sustaining treatment if you’re terminally ill or permanently unconscious.
Why it matters: This spares your loved ones the agonizing burden of guessing what you would want during an already emotional time.
7. Certification of Trust
This abbreviated version of your trust provides proof of its existence without revealing all its private details.
Why it matters: You can present this to banks, brokerages, and other institutions instead of your entire trust document, maintaining your privacy while handling financial matters.
8. Comprehensive Assignment of Assets
This document transfers your personal property into your trust, ensuring items without formal titles (furniture, jewelry, art, etc.) are properly included.
Why it matters: Without this, many personal items could fall outside your trust and potentially trigger probate anyway.
9. New Deed for Your Homestead
We prepare and record a new deed transferring your home into your trust while preserving Florida’s valuable homestead protections.
Why it matters: Your home is likely your largest asset, and proper transfer is essential while navigating Florida’s unique homestead laws.
10. Explanatory Letter & Digital Copies
You’ll receive a detailed letter explaining your documents in plain English, plus digital copies on a USB drive for safekeeping.
Why it matters: Understanding your plan is as important as having one – we ensure you know exactly how everything works.
Real-Life Examples: Why This Matters
The Blended Family Challenge
Mark and Susan from Crawfordville each had children from previous marriages. Without proper planning, Florida law would have split their assets in ways neither intended, potentially creating family conflict. Their trust package ensured each child was provided for exactly as they wished, with clear instructions that prevented misunderstandings.
The Snowbird Solution
John and Mary split their time between Panacea and Michigan. Without proper planning, their family might have faced probate proceedings in both states – doubling the cost, time, and hassle. Their comprehensive trust package ensured a smooth transition regardless of where they happened to be at the time of death.
The Privacy Protection
When a prominent Sopchoppy business owner passed away with only a will, newspaper reporters accessed all the details of his estate through public probate records – including who got what and how much it was worth. His neighbor, who had a trust, transferred all assets privately, keeping family business out of the public eye.
Why Choose Our Trust Package?
Unlike some estate planning services that provide cookie-cutter documents, our Trust Package is personally crafted for your specific situation by an attorney who lives and works in your community. As a Wakulla County resident myself, I understand the unique needs of our coastal community – from waterfront property considerations to multi-generational family businesses.
For one flat fee, you receive the complete protection that piecemeal planning simply can’t provide. Each document in our package works in harmony with the others, creating a seamless system that protects you during your lifetime and your loved ones after you’re gone.
The Process Couldn’t Be Simpler
- Schedule a consultation at your convenience
- Complete a straightforward questionnaire
- Review your custom documents with me
- Sign everything in one efficient session
- Rest easy knowing your affairs are in order
Don’t leave your family’s future to chance or subject them to the stress, expense, and public exposure of probate. Contact us today at (850) 329-0186 or email [email protected] to schedule your consultation.
Because from St. Marks to Panacea, Sopchoppy to Crawfordville – Wakulla families deserve peace of mind about their future, right here at home.
Sean Gellis is the founder of Wakulla Legacy, an estate planning practice serving Wakulla County and surrounding communities. His office is located at 113 S. Monroe St., Tallahassee, FL 32301, with meetings available throughout Wakulla County.
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