Estate Planning in Orlando: What is a Living Will, and Why is it Important?

A living will is a legal document that informs family members, doctors, and medical care professionals what your wishes are in the event you depend on life support to stay alive. If you are a resident of Orlando or Central Florida, it’s important to make plans for a living will as part of your estate plan. Below, we will help you understand what a living will is, and how it fits into the estate planning process.

Of course no one wants to think about the possibility of becoming incapacitated or terminally ill. Unfortunately, it’s a fact of life that accidents happen every day. And if an unexpected accident happens to you or someone close to you, you want to be prepared. A living will provides you with peace of mind to ensure your wishes are followed, no matter what happens.

How Do I Make a Living Will?

While you don’t need a lawyer to draft a living will, it’s recommended to have an estate planning lawyer properly draft one for you. This is because every state has its own requirements, and you need to make sure that the legal details are taken care of. Not only that, lawyers help draft estate planning documents every day for their clients. They will know how to prepare one specifically for you.

When writing the living will, you can state whether you wish to remain with la life support device in the event of a terminal condition, end-stage condition or vegetative state. You can name a specific person, or agent, who can help carry out your wish to keep or remove you from life support. Making these decisions is certainly not easy, but worth preparing for.

Once you have a living will, make sure you keep it in a safe place. You may keep a copy with your attorney and another in your home office. If you ever become incapacitated in the future, your living will must be within easy reach. Be sure to let you relatives know where to find your living will if something should happen.

About Estate Planning in Orlando, Florida

No matter your financial situation, estate planning is an essential step to take to ensure your final wishes are honored and your family members are taken care of. It can also mean the difference between clarity and confusion in the event of an untimely death. At Paula Montoya Law, our services include last will and testaments, living wills, designation of healthcare surrogates, life estate deeds, trusts, and more.

Our team wants to help you make the proper arrangements so that when the time comes, every party is protected. And as estate planning professionals in Orlando, we can help you minimize the amount of taxes you pay and avoid costs associated with the probate process.

We realize that estate plan options might seem complex at first. Our attorney is available for your questions and concerns. Contact Paula Montoya Law today, we are happy to guide you through the process.


Trusts, Wills & Estate Planning in Orlando

Orlando Probate Attorney

In conjunction with Orlando estate planning, it is very important to have an Orlando probate attorney to help with securing your assets after your time of death.  While estate planning covers what will be done with your assets and your estate after passing, a qualified Orlando probate attorney will also discuss Wills, Living Wills, Trusts and even handle any issues with probate court after your death, should they arise.

Protecting your assets

There are many areas of expertise that an Orlando probate attorney must understand to ensure that your wishes are respected and your assets are protected after the time of your death.  In addition to Wills, Living Wills, Trusts and general estate planning, Paula Montoya Law can also provide powers of attorney in the event that you become incapacitated and are unable to make decisions for yourself.  Let’s take a look at what goes into hiring a qualified Orlando probate lawyer:

  • Estate planning - This involves the planning of distribution and protection of the assets that you leave behind.  It can include how assets are divided amongst family members, continuity of ownership of a family business, and provides clear direction for the courts to follow so your family doesn’t end up in probate.

  • Guardianship - Should your passing be untimely, a proper Orlando probate attorney can administer guardianship of your children and provide clear directions on what your wishes are in regards to minors.

  • Living Will and Healthcare Surrogate - If you or your loved one becomes terminally ill or are unable to make decisions on your own behalf, a living will tells healthcare professionals and family members exactly what your wishes are.  This may include what to do if you are on life-support with no expectation of regaining consciousness.

  • Trust Disputes - Unfortunately, disputes often happen after the passing of a loved one.  With a proper Orlando probate lawyer and Orlando estate planning attorney you can ensure that if there is a dispute, you have proper representation to respect your final wishes.

  • Will Contests - As above, if your will is contested or disputed by family members, we can provide clear direction on how assets are meant to be distributed in order to minimize any internal family disagreements.

Finding the best Orlando probate attorney

It is imperative that you find a trusted and reliable Orlando probate lawyer to draft and enforce all of these necessary legal documents associated with your estate.  Paula Montoya Law has years of experience protecting both U.S. Citizens, residents and foreign nationals from having to go through the sometimes overwhelming process of probate.  Don’t leave your legacy up to chance - call Paula Montoya Law today so that we can get started on making sure your estate is protected and distributed in the way that you would want it to be.