Your Trusted Estate Planning Attorney In Stuart

Whether you are a professional planning for your family’s future or a retiree enjoying your well-deserved retirement along the Treasure Coast, it’s important to have an estate plan that reflects your unique goals. Not only should it protect what you have built, but it should also provide your family with clarity and peace of mind.

A parent and former caretaker herself, attorney Erin Kirkwood understands how personal these decisions are. For years, she has dedicated her practice to providing estate planning counsel to families in Stuart and other nearby communities in Florida. As your lawyer, she will take the time to understand your priorities and translate them into a plan that can protect what matters most.

Why Customized Estate Planning Matters In Florida

Without a good estate plan, Florida law designates who inherits all your hard-earned assets. If you want to decide who inherits what and spare your family unnecessary confusion and expense, it is imperative to have a good estate plan.

Generic, “one-size-fits-all” wills and trusts often cause issues because they are not clear about your intent. You can help your family avoid this costly mistake by working with an experienced lawyer. Erin knows what can go wrong with an estate plan and knows how to avoid such mistakes. Most importantly, she will take the time to understand your unique situation and family dynamics to prepare an effective plan that reflects your goals.

Wills And Trusts: The Foundation Of Comprehensive Estate Planning

Wills and trusts are the two primary tools used in estate planning. However, they serve different purposes. A last will and testament specifies where or to whom your assets will go after your death, as well as names a guardian for your children if you pass away while they are minors. A trust, on the other hand, can manage your assets during your lifetime and after. It can also help avoid the probate process.

Many people wonder which one is right for them. A simple will may be sufficient for a young professional. A trust is often a better solution for controlling assets, planning for a blended family or holding property for a minor. Specific types of irrevocable trusts may be used for asset protection, but standard revocable trusts may not protect assets from the creator’s own creditors. Erin will help you review your assets, family structure and long-term objectives to determine the most effective tools for your plan.

Adept Estate Planning Solutions For Every Family

Every family is unique, and so it follows that one’s estate plan should be, too. Erin works hard to provide customized legal strategies for every client. This includes individuals and families in varying life situations such as:

• Planning for blended families: Planning for a future with children from a prior relationship requires careful navigation. If you need assistance with estate planning for Blended Families, Erin can help you establish trusts and other legal tools that provide for your spouse while securing your children’s inheritance.
• Snowbirds and new residents: Owning property in both Florida and another state can seriously complicate your estate. Erin specializes in Snowbird Planning to help new residents and seasonal locals prevent the cost and stress of probate in two different states, ensuring your plan is fully enforceable under Florida’s laws.
• Protecting complex assets: When you own a business or have significant investments, a simple will often isn’t enough. Erin can help you structure a plan, often using trusts, to protect your assets from potential risks and plan for a smooth handover of your business.

No matter your family structure or financial situation, Erin is ready to listen to your goals and develop a plan that addresses your specific concerns and provides lasting security.

Important Florida Estate Planning Documents

A complete estate plan does more than just distribute your property. It can also protect you if you become incapacitated and unable to make decisions for yourself. The following legal documents preserve your decisions and intentions for end-of-life health and financial care.

Without these documents, your loved ones may have to go through an expensive and time-consuming process to establish who should make these important decisions. You can save your loved ones this burden and make these tough decisions now.

Living Will: Ensuring Your Medical Wishes Are Honored

A living will memorializes your wishes should a debilitating medical situation arise. Should doctors prolong life if there is no chance of recovery beyond a vegetative state? How long would you want to stay on life support? This legal document can provide answers to these personal questions, giving your family and doctors detailed instructions on what to do in case you are incapacitated.

Appointing A Health Care Surrogate

This document appoints a specific person you choose to make medical decisions for you if you are in a state where you cannot communicate them yourself. This health care surrogate can consult with your medical providers and make the important health decisions you would have made, no matter their relation to you. This can save your loved ones from guessing your wishes.

Power Of Attorney For Financial Decisions

A durable power of attorney gives a person of your choice – your agent – the authority to sign for you and make decisions about your finances. This is a very broad power, so it is vital to choose someone trustworthy. If your health fails, this document will allow your agent to pay your bills, manage your accounts and handle other personal affairs for you.

What Makes Erin Kirkwood Law, PLLC, Stand Out For Estate Planning?

Choosing an attorney to handle your personal and financial legacy is a significant decision. When you work with Erin, your case receives:

• Counsel gained from three decades of practicing law: Erin’s deep legal knowledge means she can create effective, solid plans that stand the test of time.
• A straightforward approach: She will answer your questions about Florida estate law in plain language, not confusing legal jargon, so you can make informed decisions.
• Compassionate guidance: Erin knows that the topics that come up during estate planning can be difficult, and she makes sure to listen to every client with warmth and understanding.
• Support for out-of-state clients: Whether you are a snowbird or a new resident, Erin is equipped to handle the unique needs of multistate asset planning and can work with you remotely for your convenience.
• Transparent, flat-fee services: Most estate planning matters taken on at Erin Kirkwood Law, PLLC, have a flat-fee basis, which means you will know the cost upfront, with no surprise bills.

Erin provides the high-quality, reliable solutions you might expect from a large firm, but with the personal, one-on-one service only a boutique practice can offer. Whether you are creating your first will or updating a complex trust, you can rest assured that you will receive her direct, personal attention.

Discuss Your Plan For The Future Today

Erin Kirkwood Law, PLLC, serves clients in Stuart, Martin County and throughout the Treasure Coast. To schedule your free 30-minute consultation with Erin, call her office at 772-732-8863 or send a message through her website.

Frequently Asked Question About Estate Planning

What is a living will?

The official term for a living will in Florida is a “health care directive” and is sometimes referred to as an “advance directive.” Whatever you call it, the purpose is the same: A living will is a document that states your intentions for end-of-life care and is to be used in the event that you become incapacitated and cannot make or communicate those decisions when that time comes.

Some of the most important topics addressed in a living will include the use of artificial life support, which treatments you want or don’t want if suffering from a terminal disease and whether these decisions change if you are in what doctors believe to be a permanent vegetative state. Making these decisions now gives you control over your end-of-life care and spares your family members from having to make very difficult decisions for you.

What is a health care surrogate?

After writing your living will, you should designate someone you trust to act as your health care surrogate. This person will be responsible for carrying out or communicating your wishes as stated in the health care directive. And, because the document can’t cover every medical contingency that might arise, your health care surrogate is authorized to make medical care decisions on your behalf for scenarios not addressed in your living will.

When do I need power of attorney?

Power of attorney can be utilized in numerous scenarios. However, in an estate planning context, durable power of attorney refers to authorizing someone to make important financial and legal decisions on your behalf if you become incapacitated. The term “durable” means that the power of attorney designation will survive in the event that you become incapacitated.

Do I need to have an attorney create my estate plan?

Legally speaking, you can create an estate plan without an attorney. From a practical standpoint, however, it is unwise to take a DIY approach to estate planning. Remember that your estate planning documents will speak for you when you are no longer around or no longer have the capacity to speak for yourself. To avoid confusion, family tension and other issues, the documents need to be crystal clear, thorough and legally sound. The best (and sometimes only way) to achieve this is with the help of a skilled lawyer.

I am recently divorced. Should I update my estate plan?

Yes, now would be a great time to review and update your plan. It’s a good idea to review your will and other estate planning documents every few years and whenever you experience a significant change in life or family circumstances. Examples include getting married or divorced, having a child or losing a loved one, or acquiring significant assets that were not addressed in your original will.