FAQ Videos

Here are answers to many of the most popular questions we get, organized by category. Click on a question below to go to the video answer. Enjoy!

If you have any questions you don’t see here, feel free to send us an email.

Estate Planning Estate Planning:

1. Can I prevent a daughter-in-law or son-in-law from benefiting from my child’s inheritance if they get a divorce?

2. Can I appoint the same person as executor (personal representative), trustee, and guardian? 

3. What is estate planning?

4. What happens if you do not have a will or trust?

5.  What is intestate?

6. Can I leave directions about my final ceremonies and the disposition of my body in my will?

7. What does tenancy by the entirety mean?

8. Do I need a living will, health care power of attorney, or financial power of attorney?

9. Do I need to appoint the same person as my agent in my health care power of attorney and financial power of attorney?

10. Who needs estate planning?

11. What does a proper estate plan include?

12. When should an estate plan be reviewed?

13.  What traits are important in finding an estate planning attorney?

14. What is the attorney’s role in the probate process in Florida?

15. How can I find a competent estate planning attorney if I move to a new city or state?

16. What is a will?

17. Does a will control all of my property?

18. Can someone challenge my will after I die?

19.  Can a beneficiary also be a witness to my will?

20. What is an executor (personal representative) and what do they do?

21. Who should be my executor (personal representative) or trustee?

22. Does an executor (personal representative) get paid?

23. Must an executor (personal representative) hire an attorney? 

24. What does it mean to fund a trust?

25.  Why should I consider creating a revocable living trust?

26. What is included in my estate for tax purposes?

27.  Are there any lifetime planning options available to me to reduce my exposure to estate taxes?

28. How can I leave my estate to my spouse free of estate taxes?

29. Should I consider life insurance during the estate planning process?

30. Should I consider long term care insurance during the estate planning process? 

31. What does joint tenancy with right of survivorship mean?

32. What is a durable power of attorney?

33. Who should I appoint as my agent in my power of attorney?

34. Can a power of attorney be used for estate planning?

35. What is a living will?

36. What is a health care proxy?

37. How do attorneys charge for legal services rendered in connection with probate and estate administration?

 Family Trust:                                                                                                                                                                                                                family trust

1. What is a family trust company?

2. Why set up a trust?

Gift Tax:

1. What is considered a gift?

2. What is the gift tax limit?

3. What is the gift tax?


1. Do life insurance or retirement benefits need to go through probate?

2. How can an estate plan prevent probate of my estate? 

3. What are probate assets?

4. What are the steps involved in probate?  

5. What is a formal probate? 

6. What is an informal probate? 

7. What is ancillary probate? 

8. What is probate?

9. What should I do to prepare for seeing a probate attorney?

10. Do living trusts go through probate?

11. What are self-probating wills? 

12. How does the probate process work?

13. How long will probate take?

14.  What is a fiduciary?

15.  Do I need the original will?

16. What happens if we cannot find a will?

17. Is there an estate tax imposed by both the federal government and Florida?

18. Are there any exemptions to the estate tax, and if so, how much?

19. Who is responsible for estate taxes?

20. When can the estate’s assets be distributed?

21. What is an estate tax return?

22. When is an estate accounting required?

 Private Foundation:

1. How does a private foundation compare to donor advised fund?

2. What is the minimum size for a foundation?

3. What type of net worth do I need to have to set up a private foundation?

Wills and Trusts:

1. Does it really cost less to settle an estate in which a living trust was used rather than just a will?

2. Does it really take less time to settle an estate in which a living trust was used rather than just a will?                                                                                                          wills and trusts

3. Can I make a conditional gift in my will?

4. What is the difference between inheritance and estate tax?

5. Are there people who can not make a will?

6. Does my will have to be notarized?

7. Is a handwritten will valid?

8. What is a holographic will?

9. What is a pour over will?

10. What is a crummey trust?

11. Can I make provision in my will for my pets?

12. How much does a will cost?

13. Do I need an attorney to make my will?

14. Do I need a will if I own almost nothing?

15. I made a will, but lived in another state. Now I live in Florida. What should I do?

16. What are estate taxes?

17. Can a will or revocable living trust reduce estate taxes?

18. What is a codicil?

19. What is a trust?

20. What is a revocable living trust?

21. What is an irrevocable trust?

22. What is a trustee?

23. What is an A-B trust?

24. What is a QTIP trust?

25. What is a charitable trust?

26. What is a spendthrift clause?

27. What is an ilit trust? 

28. What is a charitable lead trust? 

29. What is  a charitable remainder trust?



About Oakstone Law, PL

Oakstone Law PL was founded by Bob Kleinknecht. A member of the Family Trust Subcommittee, the Estate Tax & Trust Planning (ETTP) Committee and the Real Property, Probate & Trust Law (RPPTL) Section of the Florida Bar, Kleinknecht has 15 years’ experience.

Prior to founding Oakstone law, he spent more than eight years serving as a personal, in-house estate, tax and charitable planning attorney for a Forbes 400 family in New York and Florida. Before that he was an estate planning and estate settlement attorney with prominent firms in Boston and Washington, D.C. after beginning his career with a boutique firm in Naples, Florida.

Licensed in Florida and Massachusetts, Kleinknecht has developed a practice model that eliminates billing by the hour and offers a streamlined, customized client process supported by technology, security and a personal approach.

For more information on Oakstone Law, click here. To get in touch with us, click here to send us an email, or call 239-206-3454.





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Oakstone Law
1415 Panther Lane, Suite 439
Naples, Florida 34109
Tel: 239.206.3454