Services

Probate Administration:

Probate is the process by which the court transfers assets from a person who has died ("decedent") to his or her beneficiaries. First, the court must ensure that all of the decedent’s debts and taxes are paid. 

There are two types of probate administration under Florida law: Formal Administration and Summary Administration. Summary Administration is a quicker, less costly process available if the estate has a value under $75,000.00 (not including homestead) and there are no outstanding creditor claims.

A Formal Administration is the most common type of Florida probate proceeding.  It involves filing a petition with the court to appoint a personal representative (executor). The personal representative then collects the decedent’s assets, pays creditors and estate costs and distributes the remainder to the beneficiaries.

An Ancillary Proceeding is necessary when the decedent owns real property in more than one state.

Guardianships:

A guardianship is a legal proceeding in the circuit courts of Florida in which a guardian is appointed to exercise the legal rights of an incapacitated person or minor child who receives a sum of money in excess of $15,000.00. Annual Accountings and/or Annual Plans must be submitted each year to the court after the guardianship is opened.

Estate Planning including:

• Last Will and Testament:
  • Wills DO NOT help you to avoid probate, but they DO allow you the opportunity to decide who will be in charge of your estate and to whom your estate should pass.  Without one, it is up to the State's "laws of intestacy" to dictate.  A Will also allows you to set forth preferred guardians for your children and  provide that assets going to your children can be held in trust for their health, maintenance and education.  While having a Will in place does not avoid the need for probate, a Revocable Living Trust can.
• Revocable Living Trusts:
  • Not everyone needs a Trust (or Trusts) in their estate plan, but unlike a Will, a properly drafted and funded Trust may help you to avoid the need for probate.  Probate costs money (including court costs and attorneys fees), takes time, and makes the debts and assets of your estate a matter of public record.  Trusts can save time and money, and help maintain privacy.  Trusts may also help avoid, or reduce, estate taxes. 
    
    A living trust is an estate-planning tool designed to take the place of a will. The primary purpose of a living trust is to avoid any court involvement such as a guardianship proceeding in the event of your disability or a probate proceeding upon your death.
    
    A living trust looks and sounds like a will because it addresses what is to happen to your estate upon your death. What distinguishes it from a will though is that it also addresses what is to happen to your assets while you are alive. In most cases, the living trust will require that all assets in the trust are to be used for your benefit during your lifetime.
    
    A living trust requires the appointment of a trustee. In most cases, that will be you. As a result, you will own and control your trust. While you are alive, you can live off the income in the trust, manage the assets in the trust, even dissolve the trust if you so desire. The trust is fully revocable and can be managed or changed at your discretion. A living trust also requires a successor trustee to step in if you become disabled or die. In most cases, people will designate their friends or family, but you can designate an institutional trustee such as a bank or an attorney to serve as trustee.
• Transferring Your Assets:
  • In order to make the trust effective, you must transfer your assets to your trust. That is just a process of re-titling, and while it may sound complex, it is in fact very simple to do. A living trust will make your estate much less expensive to settle. Since assets in the trust don't have to go through probate, the attorney's fees and court costs associated with probate are eliminated. The savings could be as much as three percent of the value of your estate.
• Special Needs Trusts:

  • The purpose of a trust fund, also referred to as a Special Needs Trusts or Supplemental Needs Trusts is to benefit your child with special needs alongside with their SSI and Medicaid.  The trust can cover the extras that are not covered by SSI and Medicaid.  If the trust is done properly, then the assets your child receives will not be considered as income.

    A trust fund for your child can be set up by anyone.  The parents of the child usually set up the trust fund, but there are some instances where a close friend or grandparent wants their inheritance to benefit your child.

• Durable Power of Attorney & Designation of Healthcare Surrogate:
  • These important documents can help avoid the need for a guardianship proceeding if you become incapacitated.  Many people assume that a spouse can automatically take care of financial & healthcare matters for their ill-spouse, but that is not the case.  Guardianship proceedings are costly and pose on-going obligations for filing accountings and reports with the Court.

Advanced Health Care Directives including:

• Living Wills:
  • A Living Will allows you to dictate that under certain circumstances, you do not wish for artificial life-prolonging means to be used to keep you alive.  This can help ease the burden of your loved-ones having to make such a decision.
• Health Care Surrogates

Additional Services:

• Deeds
• Pre-Nuptial Agreements
• Incorporation
• Preparation and Review of Contracts