Frequently Asked Questions
How can I learn more about Marissa Petillo?
Go to the About Page.
What is our general process?
We have an easy, 4-step process designed to have your trust and other estate planning documents created and signed in 3-4 weeks:
- Step 1: Peace of Mind Planning Session. You’ll fill out a secure online questionnaire (“Family Profile”) before we meet over Zoom so we can make the best use of our time. You’ll learn all about your choices and our clear flat fees. When ready to move forward, we’ll email an engagement letter and invoice to execute online.
- Step 2: Estate Plan Design Meeting. We’ll roll up our sleeves and design your customized trust and auxiliary estate planning documents, working straight off your structural family profile data.
- Step 3: Document Review & Revisions. I’ll draft your initial legal provisions and send copies for review about two weeks later. We will meet over Zoom to walk through the terms together, answer questions, and finalize any personalized updates you wish to implement.
- Step 4: Signing Ceremony. You’ll sign your documents with exact legal formalities in front of two witnesses and a notary. We can complete this milestone step in person or virtually via secure Zoom parameters. Following execution, we remain completely available for free, unlimited lifetime consultations regarding your plan.
What can I expect from my Peace of Mind Planning Session?
An attorney who listens without interrupting and makes sure you fully understand your choices before making any decisions! I wouldn’t be doing my job as an attorney otherwise. It’s very important to me that you feel heard and have your questions answered. We’ll also review our workflow, upfront flat fees, and overall client experience so you know exactly what you are getting and what the exact investment will be.
What are the initial steps to get started?
When you are ready to move forward, whether at your Peace of Mind Planning Session or down the road, simply let me know. We’ll send your formal engagement agreement via DocuSign and an invoice via our secure online legal payment provider, LawPay. Once those structural items are taken care of, you’ll schedule your custom Estate Plan Design Meeting.
What kind of information do you need from me?
Let me start by saying what we do NOT need! We do not need account statement balances, social security numbers, or tax returns. We DO need high-level context on what categories of assets you own (real estate homestead, retirement accounts, life insurance, etc.), their relative values, and how they are currently titled (jointly, individually, etc.).
Beyond that, we simply need answers to core personal planning preferences:
- Who you want raising minor children if something unexpected happened to you and your spouse/partner.
- Who manages your children's money assets until they reach a stable age.
- Who handles financial management and emergency medical choices if you experience incapacity.
What is estate planning?
Estate planning is simply the process of getting legal documents in place so that your chosen individuals are appointed to take care of you, your children, your assets, and your finances in the event of your death or incapacity. The process also involves naming the people you want to inherit your assets when you are gone. An “estate plan” is simply a bundle of all the documents needed to accomplish these objectives.
If you don’t currently have a will or trust, you may think you don’t have an estate plan… but you do. It’s just that the state of Florida has written it for you! All states have a default statutory plan for your family and assets. Estate planning is explicitly “opting out” of the state default and locking your personal choice in place.
How much does estate planning cost?
It depends! Estate planning is completely tailored, so it is impossible to supply a baseline quote without sitting down to assess your family. Even if you believe your scenario is clear, there are likely nuances you aren't considering. We discuss our flat fees transparently during your Peace of Mind Planning Session after counseling you on structural choices. We do not evaluate fees outside that session.
We use predictable flat-fee pricing rather than opaque hourly billing so you can look at your investment with zero surprise bills. We offer a 100% satisfaction guarantee to make it right, and we will only advise planning with our firm if your projected asset savings outweigh our package fee.
Can I sign my documents with DocuSign?
No. Wills, trusts, and foundational estate provisions must be signed with incredibly strict technical formalities or they fail court validity. That means signing manually in person, in front of two witnesses and a notary (all of whom we provide). This confirms you hold full legal capacity, are entirely free from external duress, and verifies execution identity.
How long does the process take?
Our legal workflow is optimized to have your documents finalized and executed within 3-4 weeks of your structural Peace of Mind Planning Session. The timeline balances on your personal calendar availability and review turnaround.
What kind of clients do you accept?
We intentionally limit our active monthly client roster to ensure white-glove, highly responsive service for every family. We partner with individuals who value professional counsel and seek an enduring advisory alliance. If you are looking for generic document shortcuts, wish to avoid completing your baseline Family Profile, or do not wish to spend time mapping options, we are not the matching fit for your legal needs.
Can’t I just do my will on Legal Zoom?
You can. However, automated forms platforms provide static files you choose and fill out alone; they are not a law firm and explicitly cannot legally offer personal counsel. A dedicated attorney guides you through real legal decisions based on your unique asset structures, tailors document language, enforces execution rules, and picks up the phone whenever you call with real-time questions.
Why do I need a living trust?
You have two choices: a Will-based approach or a Living Trust-based strategy. The overwhelming majority of my clients select a Living Trust. A trust acts as an active contract appointing a safe fiduciary to govern assets if you meet unexpected illness or incapacity, and ensures they pass cleanly to heirs at death.
It comes as a surprise to many: Wills do not avoid probate court... they guarantee it! A Living Trust is specifically designed to bypass the court entirely, shielding your family from months of public administration, legal fees, and administrative gridlock.
What is probate?
Probate is a public, court-supervised legal lawsuit required to settle individual asset ownership transfers after someone passes. If you die without a Will, your estate enters probate. If you die WITH a Will, it still enters probate court to prove its terms! Even a regular, non-contested probate path frequently eats up 1-2 years and drains roughly 5-7% of total estate values in costs. A revocable living trust is the primary vehicle engineered to bypass this process.
Is a simple Will enough?
Unfortunately, simple Wills are fully vulnerable to probate court delays and standard administrative asset losses. To build true asset isolation, most clients prefer a Living Trust. We then integrate a specialized secondary "pour-over" Will inside our comprehensive packages to legally designate protective guardians for minor children.
Isn’t estate planning just for the wealthy?
No, this is the single biggest misconception. Planning isn't calculated around massive wealth metrics; it centers on providing administrative clarity for spouses, partners, and children. It outlines how your assets transition to heirs and establishes legal parameters regarding who makes medical choices or covers financial bills if you hit an unannounced medical emergency.
What is a power of attorney?
A financial Power of Attorney lets you formally nominate an explicit "agent" you rely on implicitly. They stand in your shoes to handle business accounts, clear daily bills, process taxes, or govern commercial entities if illness prevents you from managing them. We integrate robust powers of attorney for both spouses across all complete plans.
What is a health care proxy?
A health care proxy delegates medical authority to a chosen surrogate if you are incapacitated during an emergency, while a Living Will registers direct diagnostic choices for end-of-life care ahead of time. These critical emergency instruments are built for both spouses in every single plan we manage.
Can we have a quick call before booking the Peace of Mind Planning Session?
Yes! I am always glad to hop on a complimentary introductory phone call to address basic procedural details before scheduling your comprehensive planning meeting. Please note that exact strategic case fees are reviewed solely during the formal Peace of Mind Planning Session.
What if I need to update my estate planning documents?
No problem at all. A Living Trust is fully amendable or revocable while you hold sound capacity. Parental guardian selections can be adjusted over time with a clean amendment (a codicil) to your pour-over Will. Ancillary directives (POAs and Proxies) are typically re-executed to keep your legal package accurate as your life, assets, or Florida state laws pivot.
I’m not married – do I need an estate plan?
Yes, often even more urgently! Unmarried individuals commonly intend to pass property to trusted lifelong friends, specific non-profit entities, or select partners over distant relatives. Without structured directives, default state distribution algorithms will allocate your entire estate to next-of-kin relatives you may rarely speak to. Clean health proxies and operational financial powers of attorney are mandatory safeguards for solo individuals.
How can I make sure my kids don't get a big check on their 18th birthday?
Great question. Unless an explicit protective trust states otherwise, minors instantly receive complete unchecked authority over their entire legal inheritances at age 18. By engineering a custom Trust, you can specify staggered distributions at secure milestones (like age 25 or 30) while allowing an appointed trustee to safely manage and release funds for health, school, or baseline maintenance in the interim.
How can I include my pet in my estate plan?
While you cannot leave assets directly to a pet, you can ensure their future care through a legally binding pet trust or a specific bequest in your will. This legal arrangement allows you to designate funds specifically for your pet’s maintenance—including food, veterinary care, grooming, and boarding—and appoint a trustee to manage the finances and a separate caretaker to oversee the pet's daily needs. To ensure the plan functions correctly, you should positively identify the pet using microchips or records, appoint successor caretakers, outline specific care standards in the trust document, and fund it adequately while dictating where remaining funds go after the pet passes away.
Can I leave a sum of cash directly to my pet in my Will?
No. Under Florida law, animals are legally classified as personal property and cannot independently own cash or real estate. If you write a Will leaving money directly to an animal, that provision will be declared invalid by a probate court. Instead, you must leave the funds to a trusted human companion with explicit legal instructions (a Pet Trust) or as a specific financial bequest to a caregiver conditional upon them taking custody of your pet.
Why is a Revocable Living Trust better than a Will for pet care?
A Will must pass through the court-supervised process of probate before assets can be unlocked or distributed, which frequently takes weeks or months. Your pet needs food, shelter, and medical care immediately. A Revocable Living Trust avoids probate entirely. It allows your successor trustee to access the designated pet care funds instantly, ensuring there is zero disruption or delay in your pet's daily care routine.
How much money should I leave for my pet, and what happens to leftover funds?
You should calculate funding based on your pet's age, life expectancy, dietary needs, and typical annual veterinary expenses, adding an extra cushion for senior emergency medical care. It is vital not to overfund the trust excessively, as disgruntled human heirs can challenge the amount in court. In your trust provisions, you will name a 'remainder beneficiary'—such as your children, family members, or a favorite local animal rescue group—to receive any remaining funds after your pet passes away.