Estate Planning

There are many reasons why the validity of a will may be challenged. In most cases, however, a family member may feel that he or she has been wrongfully cut out of a will or that the contents of the will do not appear to accurately reflect what they thought would be in there. Whatever the reason, there are several grounds upon which a person may bring a challenge to a will.
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Will My Small Estate Need to Go Through Probate in Florida?

Some of us will have smaller sized estates. Perhaps you are just starting off in your career, single, or elderly, you may not have that many assets. Those with smaller sized estates may find themselves wondering whether they really need an estate plan and if so what that should be included within that plan. Our Read more . . .

What Circumstances Could Give Rise to a Claim of Undue Influence?

An estate plan is intended to represent the last wishes and desires of its creator. With an estate plan, you can direct whom you want to receive your hard-earned assets, name a guardian for any minor children, and address your own healthcare needs. Sadly, at times, vulnerable individuals are pressured or tricked into creating an estate plan that does not actually represent their wishes. Undue influence is a significant issue in estate planning, particularly when an elderly or ill individual is involved. Our Read more . . .

A guardianship is a legal relationship established between the guardian and the ward. When a person is deemed to be legally incapacitated, the court will establish a guardianship where the ward is the incapacitated individual and the guardian becomes a surrogate decision-maker, acting on behalf of the ward and appointed by the court. A guardianship may also be established for a minor who is not incapacitated, but still needs someone to look after them and act on their behalf.

The role of the guardian, in any circumstance, comes with substantial responsibilities that must be properly executed. A guardian can be held accountable for a failure to properly uphold his or her duties regarding acts taken on behalf of a minor or an incapacitated individual.
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Finally having an established estate plan can be a big relief. It is so often something on a person’s to-do list that keeps being put off. When you have an estate plan in place, it can feel like a weight has been lifted from your shoulders. You know that your wishes have been memorialized in legally binding estate planning documents. You know how your family will be provided for after you pass.
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Finally having an established estate plan can be a big relief. It is so often something on a person’s to-do list that keeps being put off. When you have an estate plan in place, it can feel like a weight has been lifted from your shoulders.
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Will my assets be seized to cover the costs of my nursing home care?

The American population is aging and currently over 10 million Americans need long-term care services.  More than 70 percent of all people over the age of 65 need to anticipate requiring long-term care at some point during their lives, which could involve moving into a nursing home or benefitting from care at home.  With the costs of long-term care ever rising, it is critical that you take steps well in advance to protect your assets so that you can qualify for Medicaid. Our
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What are the benefits of placing your retirement assets into a revocable trust?

Working Americans may contribute significant assets to their individual retirement accounts over their lifetime.  With so much wealth becoming concentrated in IRA accounts, it is worth considering placing your IRA funds within a trust.  An IRA trust is a revocable living trust that is designed to be the beneficiary of your IRA assets upon your death.  This type of trust can come with several key benefits, including protection from the beneficiary’s creditors and the ability to spread out distributions.  Our Read more . . .

In all of the decisions that come in the estate planning process, you may wish to breeze through things like selecting who will be the executor of your estate. However, this is an important choice that merits some time and consideration. The executor is charged with overseeing the entire estate during the probate process. These are serious responsibilities that must be handled with great care. Some people wish to just select a friend or family member for the role of executor.
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You may, like many others, have a family member or loved one that has special needs due to a physical or mental disability. You may also wish to leave him or her an inheritance or provide them with monetary assistant and want to make a provision for that during the estate planning process. The problem arises due to the fact that an inheritance may be counting as income for the purpose and may thus jeopardize any government benefits your loved one with special needs either currently receives or may receive in the future. This, however, is not an insurmountable obstacle. The problem can be avoided through the use of a special needs trust.
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One of the first questions that those setting off on the estate planning process will often ask their attorney is: “Do I need a trust?”  While most of us recognize the need for a Last Will and Testament, much confusion swirls around the concept of trusts and when they are needed.  Trusts accomplish many purposes that a will cannot, but they are not needed for every situation.  Our Tampa, Florida estate planning lawyers discuss the uses of trusts and how to determine whether a trust is the right estate planning tool for you.

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