Middleburg Estate Planning Lawyer

Estate Planning Attorney in Middleburg, FL

Humans generally do not like thinking about the unpleasant realities of life, and end-of-life decisions are certainly not light dinner conversation. However, the fact is that all of us will eventually have to face these choices. Making a plan for your estate is one way you can protect your family and your legacy, even after you’re gone. For people living in the Middleburg area, a great first step in this process is to contact an experienced Middleburg estate planning lawyer.

About the Law Office of Douglas A. Oberdorfer, P.A.

At the Law Office of Douglas A. Oberdorfer, P.A., we have been serving clients dealing with estate planning matters for over 20 years. We exercise a client-first approach in every case we take on, and we are prepared to offer personalized support every step of the way. Our office at 432 East Monroe Street in Jacksonville is a convenient, quick drive away for our Middleburg clients.

What Is an Estate Plan?

In summary, an estate plan is a legally backed set of instructions for what will happen to everything you own when you pass away. It may be difficult to sit down and think about this subject, but putting a plan in place ahead of time can significantly reduce the burden on your loved ones when the time comes. An estate plan means your family can focus on supporting each other and honoring your legacy, rather than trying to sort out your finances.

Estate planning is a rather broad umbrella, and plans often have several different aspects to consider. Below are some documents that might be included in your plan, depending on your needs. 

Last Will and Testament

This is the document people think of most often when anyone mentions estate planning. A last will and testament, often simply referred to as a will, is a legal document that details what you want to happen to your belongings upon your death. A will can also provide instructions regarding the custody of children, if they are minors at the time of the parent’s death. Wills are often fairly simple and inexpensive to draw up.

Interestingly, the majority of Americans do not have a will in place. In a 2025 study, only 24% of Americans reported having a will. It is important to note that a will does not protect any of your assets from probate. It simply directs how they should be distributed once the process of probate is over.

Trust

A trust is a financial arrangement that transfers ownership of assets to a neutral third party. There are several specific kinds of trusts for various situations, but generally, all trusts are either revocable or irrevocable.

In an irrevocable trust, once you transfer the ownership of your assets to the trust, you lose virtually all control over those assets, and it is very difficult to modify the trust. However, assets in an irrevocable trust generally avoid both probate and estate taxes, which can be an attractive benefit.

In a revocable trust, both the assets in the trust and the beneficiaries can be changed quite easily. However, the assets in revocable trusts remain subject to estate taxes, and they can be liquidated to pay off creditors after your death, or if you default on debts while you are still alive.

Power of Attorney

A power of attorney is a document that gives another person the legal authority to make decisions on your behalf, should you become incapacitated. Power of attorney documents generally address financial decisions, medical decisions, or both. For many individuals who want a power of attorney document in place, it makes sense to designate the same person to manage medical and financial affairs.

Why You Should Hire an Estate Planning Lawyer

If you are thinking about end-of-life tasks and easing the burden of managing your affairs for your family, you should hire an estate planning lawyer to help you put the necessary documents in place. Your attorney can work with you to decide on the most effective approach to managing your assets and help you develop a plan that works for you.

FAQs

What Is Probate?

Probate is the legal process of dealing with a deceased person’s assets and executing their will. The deceased person’s assets are gathered together, creditors are paid, and the remaining assets are distributed according to the deceased person’s will. Probate can be a long process, sometimes taking years. Placing assets in a trust can be a good way to avoid probate and transfer your estate to your family members more quickly.

What Happens if Someone Dies in Florida Without a Will?

If someone dies in Florida with no will, the process of probate begins as normal. A probate officer collects the deceased person’s assets and pays any outstanding debts using those assets. After debts are paid, any remaining assets are distributed to the deceased person’s family according to the order established in Florida’s intestacy laws.

Can I Modify My Will After It Is Made?

Yes, you can modify your will after it is complete. If you need to change the terms of your will, you can contact your estate planning attorney and advise them of the changes. The new version of the document will need to be signed, and it will then supersede the previous version.

Can I Have a Power of Attorney That Automatically Goes Into Effect if I Am Incapacitated?

Yes, it is possible to set up a power of attorney document that immediately goes into effect if you become incapacitated. This is called a springing power of attorney. A springing power of attorney is a great option for someone who does not expect to be incapacitated any time soon, but who wants to have a plan in place in case something unexpected happens.

Contact A Middleburg Estate Planning Lawyer At The Law Office of Douglas A. Oberdorfer, P.A.

If you need assistance making an estate plan, you need a competent, experienced attorney who can assess your unique situation and help you make plans that benefit both you and your family members. At the Law Office of Douglas A. Oberdorfer, P.A., we are ready to go to work for you. Contact us today to discuss your estate planning needs.