Wills and Trusts Attorney in Gainesville, Florida
Our office is on West Newberry Road in Gainesville, and most of the families we work with live within a few miles. That means we can usually get you in quickly, and when it's time to sign, you won't have to drive across the state.
Merhar Law drafts wills and trusts for Gainesville and Alachua County residents. Some clients come in knowing exactly what they want. Most come in with a general sense that they should have something in place and no idea what that something is. Either way, we start by asking what you own and who you want to take care of, then work backward.
What a Will Actually Controls
This surprises people, so it is worth saying early.
A will only governs assets that pass through probate. Bank accounts, brokerage accounts, retirement accounts, and life insurance policies with a named beneficiary go directly to that beneficiary, and your will says nothing about them. The same is true of property already held in trust.
Your will steps in for those assets only when the named beneficiary died before you, or when no beneficiary was ever named in the first place.
We see the consequences of this regularly. Someone updates their will carefully after a divorce and never touches the beneficiary form on their 401(k), which still names an ex-spouse. The will loses. Part of what we do is review the whole picture, not just the document we are hired to draft.
What Your Will Should Address
Who receives your property?
The core question, and usually the easiest one.
Who serves as personal representative?
This person settles your debts and distributes what is left. Florida limits who can serve, and you should always name a backup in case your first choice cannot or will not do it.
Who raises your minor children?
Parents can name a guardian in their will. Without that, relatives who disagree can end up arguing it out in front of a judge.
What happens if a child inherits?
In Florida, a minor who receives more than $15,000 triggers a court guardianship to hold the money until they turn 18. A trust written into your will avoids that entirely, and it costs far less to set up in advance than the guardianship costs to run.
Learn more about our legal services for Gainesville, Florida residents by visiting our Attorney in Gainesville, FL page.
Trusts for Gainesville Clients
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Revocable trusts
Stay under your control and can be changed or revoked during your lifetime. This is what most people mean when they say living trust. Funded properly, it keeps your property out of probate and out of the public record.
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Irrevocable trusts
Give up that flexibility in exchange for something else, usually asset protection, tax planning, or keeping a beneficiary eligible for Medicaid and other means-tested benefits. These are powerful and much more difficult to change, so we walk through the trade-offs carefully before recommending one.
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Testamentary trusts
are created inside your will and only come into existence after you die. They may be the right tool when you want to leave money to someone who is young, or who struggles managing money, or who receives government benefits that an outright inheritance would disqualify them from. A qualifying special needs trust for a spouse, for example, can only be created this way.
Why Gainesville Families Work with Merhar Law
Flat fees on all estate planning, quoted before we start
A staff member answers the phone here, not an answering service
We explain the reasoning, not just the recommendation
Coordination with your financial advisor, CPA, or insurance agent when your plan calls for it
Home and hospital visits when coming to the office is not realistic
Probate in Alachua County
If assets pass under your will rather than through a trust or beneficiary designation, your estate will be administered through the Alachua County Clerk of the Court.
Whether that matters to you depends on your situation. Probate is a manageable process for many estates and a real burden for others. If you would rather your family skip it, see our page on ways to avoid Florida probate.
Serving Gainesville and Alachua County
Alachua
Micanopy
Hawthorne
Waldo
Schedule a Consultation
A first conversation costs nothing and usually takes less than an hour. Tell us what you own and who you want to take care of, and we will tell you what documents you actually need.