Many clients come to us whom have never had a Will. Others are moving here from another State and would like to have their Wills reviewed. Others simply would like to make changes to an existing Will. One thing most clients share is that they do not understand their Wills or what a Will does for them.

The overwhelming misconception is that having a Will will keep your Estate from going through probate. In Florida at least, a Will has quite the opposite purpose. A Will, or Last Will and Testament, must be viewed as a document that gives direction to the probate process and in fact, except under very limited circumstances, has no effect until an Order is signed by the Probate Judge admitting the Will to Probate.

Our approach at Henderson Sachs always is first to explain the purposes, uses, and effects of having a Will, and then design each client's Will in such a manner as to reduce or eliminate the need for probate after a client passes away. In creating a Will, an honest conversation about a client's family situation, goals, and assets is the only way to gather the necessary information to do the most effective job, balancing beneficiary designations, joint tenancies, and other titling choices with a properly written Will.

Clients with minor children have very different needs than clients with adult children, or children with special needs of any age. Clients whose major asset is an IRA or other similar retirement account have very different needs than clients who have most of their wealth invested in real estate or family businesses, and even clients who have varied or few assets. After a Will consultation with one of our attorneys, our goal is to have clients who understand every aspect of the process that will inevitably come to pass and who feel confident that their affairs are in order. For most Will clients, we also make certain to explain the probate process generally, revocable trusts, powers of attorney, and other common estate planning tools so each client is empowered and comfortable with the estate planning choices made.

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Orlando Office

The Heaven Building
8240 Exchange Drive
Suite C6
Orlando, Florida 32809
Phone (407) 850-2500
Fax (407) 850-2580

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