Will Preparation

Debra is a certified law attorney registered with the bar board or bar council of Florida and specializes in elder law. She also handles cases involving wills, probates, guardianship, estate planning, trusts and powers of attorney. She actively works with communities involved in up-holding elder law in the United States and also gives lectures on elder law topics throughout the state of Florida.

What is a will?

Among the many legal services provided by Debra Simms’s law firm, will preparation legal services are one of the main services offered. A will is a document that allows a person to leave behind his assets, money and any other kind of moveable and immoveable property to his family, friends or anyone he desires. It is always advisable for a person to write his will while he is still alive because if he dies and hasn’t left behind a will, the state of Florida will write a will for him and may not distribute his financial assets in the manner in which he wanted or desired. The state courts may donate his property and estate to charity, schools and hospitals.

Why is will preparation an important legal service?

Writing a will or will preparation while one is still living also avoids other problems such as probate. Probate is a document issued by the court in place of a will for the administration of the will in the court of law. A probate is given after the person dies and a legal attorney or personal representative will have to be appointed for and on behalf of the deceased person to procure the will probate. This person is also known as an executor of the will. Appointing an attorney or personal representative also helps ease and quicken the process of obtaining a probate from the court so that the legal heirs of the deceased can receive whatever they were entitled to rightfully and in a quick manner.

In the will, you can also specify how you would like your personal representative or executor to be paid for his services of administration of your estate. If you have minor children, you can also assign guardians or godparents to them after your death in your will so that they will be well cared for and looked after once you’re gone. Debra Simms will help you draft your will according to your personal wishes.

What is a living will?

The law firm also deals with drafting living wills which are a little different than a regular will. While a will leaves behind the property to heirs after a person’s death, a living will distribute assets to the desired people while the writer of the will is still alive but who is in a critical condition, last stages or a vegetative state. A living will can also state whether a person wants to be put on life support and for how long. This document is important for those who do not want to suffer much before death.

The law office of Debra G. Simms serves clients in Volusia County, New Smyrna Beach, Port Orange, Daytona and surrounding areas. Our experienced and knowledgeable law attorneys who will help you in the drafting and preparation of these very important and crucial documents while making you understand all the legal implications.

To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Trust Preparation 

Debra G. Simms is a law attorney who is certified and registered with the Florida Bar Board and runs her law firm from three locations in the State of Florida. Her first office is at Prestige Executive Center, 823 Dunlawton Ave. Unit C, Port Orange, FL 32129. The second office is located at 629 N. Dixie FW, New Smyrna Beach, FL 32168. Each of the offices operates from 9 am to 5 pm from Monday to Friday.

Debra and her team of qualified and experienced law attorneys can be reached on all working days between these timings at their toll-free numbers as well as fax and local lines. Customers with law related queries can send in their questions by filling out the form on their website and will be reverted to within two working days

Even though Debra herself specializes in elder law, the law firm of Debra Simms offers a wide variety of legal services including powers of attorney, drafting of wills and probates, guardianship related disputes, estate planning, health care directives, trust preparation and much more.

What is the concept of a trust?

A trust is a kind of promise or guarantee or declaration given by one person called the author of the trust or the trustee to another person called the beneficiary to protect, look after or take care of certain movable or immovable property belonging to the beneficiary for a certain stipulated period of time for and on his behalf or benefit. The rights, duties, obligations and liabilities of both parties are put into writing in the form of a deed called a trust deed. The property which will be looked after or administered is called the trust property. The fund or corpus that both parties will contribute money to look after the property is called trust fund. The person/s who will be in charge of managing the trust property or trust money will be the trustees.

What is a revocable trust?

A revocable trust is similar to a living will. It is a document in which one party called the settlor or grantor can transfer or express how he would like his property to be managed, transferred or distributed to his legal heirs during his lifetime (in the case of incapacitation, mental illness, etc.) or after death. Any person can be the trustee except a minor. The people to whom the trust property/assets/money will be left to are called the beneficiaries who could be the legal heirs or successors of the settlor or even charities.

What is a pet trust?

Trust funds can be created even for pets that you may leave behind in the event of your premature or unexpected death. By drafting a pet trust, you as the owner of a pet can leave behind a certain sum of money or property to any trusted person called the trustee which will be used in the proper caregiving and managing of your pet and its expenses who is the beneficiary. All the legal rights, obligations, duties and liabilities of the trustee will be put in the written form in the pet trust deed.

The lawyers at Debra G. Simms’s law firm will assist you in drafting your pet trust, special needs trust, and revocable trust deeds while understanding your legal rights, liabilities and obligations. Visit their law firm today for all your trust preparation legal services.

To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Florida Power of Attorney Help

power of attorneyAt the law firm run by Debra G. Simms and her team of experienced and qualified lawyers, you will be sure to get the best in legal and paralegal services from drafting of important legal documents like wills, living wills, different types of trust deeds, powers of attorney, probates, estate planning, guardianship and elder law services, and much more.

Debra runs her legal services from three offices in different locations in the state of Florida. The first office is located at Prestige Executive Center, 823 Dunlawton Ave. Unit C, Port Orange, FL 32129. The second office is located at 629 N. Dixie FW, New Smyrna Beach, FL 32168. She and her team work Monday to Friday from 9 am to 6 pm and can be reached on their toll, fax and landline numbers.

What is a power of attorney?

A power of attorney is a document wherein one person called the principal who is the maker of the document grants certain general or special rights or powers to another person called the agent to do or not to do certain legal acts or deeds for and on behalf of the principal. This agent is given authorization from the principal to act in a certain way for and on behalf of the principal when the principal cannot be physically present at a certain place at a stipulated time. The extent of powers granted by the principal to the agent will depend on what is outlined in the deed of power of attorney. It will also explain in detail the rights, liabilities, duties and obligations of the agent while he is acting for and on behalf of the principal.

What are the different types of power of attorney?

There are two types of powers of attorney – general and special. A general power of attorney is one where the agent has the right to do all the legal acts with respect to a certain job or deed in a broad perspective. For example, the agent is authorized via POA to sell a property A of the principal. A general POA will grant the agent all rights to do all acts, things, and deeds for and on behalf of the principal with respect to the selling of the property A.

A special power of attorney relates to the performance of only certain acts, things or deeds and is more limited in the scope of powers than a general power of attorney. The agent’s powers are restricted only to the performance of certain acts or deeds, such as the performance or execution of a contract, or representing the principal before the regulatory authorities only on one occasion or one personal hearing.

A durable power of attorney is another type of POA wherein the agent can still act for and on behalf of the principal even after he becomes incapacitated. However, the POA must state the same clearly in words.

The principal and agent must be of sound mind and must understand the terms and conditions of the POA deed before signing. Both parties the principal and the agent must be competent to contract.

Visit Debra G. Simms law firm and her team of qualified experts to get your deed of power of attorney drafted in compliance with the laws of the state of Florida while understanding all the legal implications of a POA.

To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882
Toll Free: 877.447.4667
New Smyrna Beach Office:
629 N. Dixie HWY
New Smyrna Beach, FL 32168
Local: 386.256.4882
Toll Free: 877.447.4667

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