Practice Areas - Trust and Estate/Probate Attorneys in Boca Raton

Trust & Estate / Asset Planning

An Estate Planning Attorney is able to evaluate and advise you about the transfer of wealth and property to the intended beneficiaries during life or upon death with consideration to current tax laws.  This may include lifetime gifts, the use of charitable gifts, and life/health insurance, to accomplish asset preservation and achieve your estate planning goals.

An Estate Planning Attorney will then prepare:

• Will
• Revocable or Irrevocable Trust Agreements
• Bloodline Planning
• Special Needs Trust
• Power of Attorney
• Healthcare Surrogate
• HIPAA
• Living Will
• Preneed Guardian
• Deed transfers

Let us further explain these components of an estate plan: 

Will - a basic part of any estate plan.  In order to be considered valid, the last will and testament in the State of Florida, must comply with certain requirements:

• Be a written document that can dispose of the decedent’s property.
• Name a guardian responsible for the decedent’s minor children.
• Name a personal representative to execute the will upon the decedent’s death.

Trusts/Revocable - is an estate planning tool that allows you to avoid probate process and reduce court costs and legal fees.  A trust has basic components:

• A Settlor, or grantor is a person creating a trust.
• A Trustee, who manages the trust for the benefit of the beneficiary.
• The Beneficiary who is entitled to receive the assets of the trust.
• Bloodline Planning ensures that your assets reach your children, grandchildren and other relatives regardless of marital status or divorce.  Without proper planning assets may be considered part of the beneficiaries estate and maybe at risk of being lost in a divorce settlement, creditors or taxation!

Special Needs Trusts - are designed for someone with a disability: mental, behavioral, emotional, or physical limitations.  It allows assets to be held on behalf of the disabled person, so as to not interfere with the eligibility of public benefits (Medicaid or Supplemental Security Income).  

Trusts/Irrevocable - whereby the grantor lacks the power to amend, terminate or change the distribution of assets or beneficiaries. This is also a useful tool to remove assets from one’s estate for tax purposes.

Durable Power of Attorney - is the most powerful document authorizing someone to manage the financial affairs for another.  This document may also have an impact on Medicaid planning in Florida as an agent may need certain powers to help the principal achieve eligibility for Medicaid long-term care benefits.

Health Care Surrogate - appoints an agent to have the authority to make medical decisions for you in the event you are unable or incapable of making those decisions.   

HIPAA - appoints an agent to have the authority to obtain medical records.

Living Will - allows you to direct certain end of life medical procedures.  Specifically, if you face a terminal condition, end stage condition or persistent vegetative state; you choose whether you want life prolonging measures to be taken.  It must be in writing.  It is important that your doctor or health care provider have a copy to understand your wishes.

Preneed Guardian - allows you to choose a guardian of your person or property if needed, rather than have the state appoint one for you.

 

Probate & Trust Administration

Probate
When you or a loved one dies with a Will, the finalizing of one’s affairs may go through the court system. We focus on assisting the personal representative or trustee in marshaling, securing, and coordinating one’s financial affairs upon death. This involves:

• Proof of the validity of decedent’s will.
• The preparation of all probate and trust administration documents.
• Appointment of a personal representative for litigation purposes (personal injury/wrongful death cases).
• Obtaining IRS estate and trust tax ID numbers.
• Obtaining a Court Order to open a safe deposit box and remove its contents.
• Notification to the beneficiaries, interested parties and creditors.
• Preparation of an inventory of the estate assets.
• The management of creditor claims and settling of debt.
• Assisting the PR with the sale of real property and automobiles.
• Assisting the PR with retitling of assets.
• Disbursing assets to beneficiaries or heirs in accordance with the Will or Florida intestacy Statute.
• Gathering documentation for the accountant to prepare estate tax returns.
• Recording of documents with the County.
• Ancillary Probate Administration – when the decedent’s primary residence is outside the state of FL but he/she owned real property in Florida.

Filing in all 67 counties throughout Florida!

We also provide post-mortem planning which can have a significant impact on an estate or trust, including valuable advice and planning for the heirs.

  

We strive to provide you with a customized plan to fit your individual needs. Please contact us to discuss your estate planning goals.

We offer a complimentary consultation for new clients.

 

Complimentary Consultation

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