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Services

Estate Planning

The process starts by us learning about you and your family members.  We will inquire as to your real estate holdings, business investments, source of income, retirement accounts, family members, relationships, concerns, and objectives.

Once we have this information, we will recommend an estate plan that could be a straightforward as a Will, or involve establishing a trust (revocable living trust, special needs trust, testamentary trusts, etc.), updating your shareholder’s agreements, re titling property, creating preneed guardianships for children, long term care plans, living wills, and/or health care surrogates.

We will review your options with you so that you can make an informed decision.  We also will stay in touch with you thereafter to apprise you of any updates that may arise, from time to time, so you will know if your estate plan needs updated.  

Probate and Trust Administration

Probate administration- after the passing of a loved one an estate administration proceeding will need to filed in the last county that the decedent resided.  The nature and value of the estate will determine what type of administration is needed.  It could be a summary administration, formal administration or even a small estate.  If the decedent passed away with a will, the probate administration will proceed testate. If the decedent passed away without a will, the probate administration will proceed intestate.  If a formal administration is needed the personal representative is required to retain an attorney.  Typically, a will designates the personal representative. Whereas intestate statutes provide the order of preference for serving as personal representative. In a summary administration, while an attorney is not required, it certainly is helpful and should assist in the process going much more smoothly.  

Once the administration is opened the process begins, (it varies depending on the type of administration) but parts of the process include but are not limited to the following:

  • Notifying beneficiaries
  • Notifying creditors and publishing legal notices
  • Obtaining letters of administration in a formal administration
  • Opening estate accounts including depositories
  • Operating decedent’s businesses
  • Selling real estate and other property
  • Marshalling assets
  • Preparing accountings
  • Exempting property from creditors
  • Homestead proceedings
  • Working in conjunction with any trustees
  • Establishing any testamentary trusts
  • Working with CPA’s as the same pertains to taxes
  • Inventorying property and obtaining appraisals
  • Providing guidance to personal representative, and communications to beneficiaries
  • Filing one of the many required probate documents with the court
  • Distributing property
  • Identifying heirs or beneficiaries
  • Locating assets
  • Notifying financial institutions
  • Cancelling decedents account
  • Preserving all estate assets
  • Discharging the personal representative from liability and closing the estate

Trust administration 

Working with trustee to adhere to the terms of decedent’s trust.  The trust typically provides for less court oversight, and the trustee can act more freely (as long as they are maintaining their fiduciary duties).  Trust administration can include:

  • Interpretation of trust documents
  • Marshalling assets
  • Re titling property
  • Distributions
  • Obtaining a homestead order from the probate court if appropriate
  • Paying creditors
  • Winding down businesses where trust is a shareholder
  • Working with CPA to ensure taxes are addressed
  • Locating trust property 
  • Providing statutory notices to beneficiaries and interested parties to limit trust exposure and liability 

Probate and Trust Litigation

Unfortunately, once a loved one passes away things don’t always go smoothly and some relatives are left caught by surprise.  Probate and Trust Litigation is expansive and can cover large ranges of issues which arise after a loved one passes away.   These issues usually focus on the alleged wrongful conduct of another relative, fiduciary, or other person in a position of trust with the decedent.  Allow our firm to evaluate your case, or defend you.  Some examples of Probate and Trust Litigation are as follows: 

  • Revocation of Probate: Decedent’s will is admitted into probate.  However, the will is being challenged due to questions surrounding its validity, or some other concern.
  • Undue Influence: Effort to invalidate a will, trust or other document that was allegedly the result of undue influence which is a form of fraud. Undue influence is defined as: “Generally, undue influence must amount to over persuasion, duress, force, coercion, or artful or fraudulent contrivances to such an extent that there is a destruction of free agency and willpower of the testator. Merely changing a document such as a trust or will is insufficient because undue influence requires some showing that the alleged tortfeasor took improper actions.” Mulvey v. Stephens, 250 So. 3d 106, 2018 Fla. App. LEXIS 9093, 43 Fla. L. Weekly D 1470, 2018 WL 3156859
  • Tortious Interference with an Expectancy is defined as: “A claim for tortious interference of a testamentary expectancy includes: (1) the existence of an expectancy; (2) intentional interference with the expectancy through tortious conduct; (3) causation; and (4) damages. The law permits a claim for tortious interference of a testamentary expectancy if the circumstances surrounding the tortious conduct effectively preclude adequate relief in the probate court.” Mulvey v. Stephens, 250 So. 3d 106, 2018 Fla. App. LEXIS 9093, 43 Fla. L. Weekly D 1470, 2018 WL 3156859
  • Petition to Determine Beneficiaries/heirs: Is an heir missing, are you claiming to be the child of decedent but have been omitted from the decedent’s intestate probate administration, while your half siblings are included? 
  • Reformation of Trusts- ask the court to reform a trust due to a drafting mistake of a settlor or otherwise to comply with the settlor’s intent.
  • Removal of a fiduciary (Personal Representative, or Trustee): A fiduciary fails to adhere to the statutory duties and/or terms of decedent’s trust/will.  In this event the fiduciary could be sued for a breach or otherwise sought to be removed. Some examples of wrongful conduct include: converting funds, mismanagement, self-dealing, refusal to act, and using trust property for their own personal benefit. 

Guardianships

Our firm handles various types of guardianships from start to finish, and also has experience as it relates to guardianship litigation. 

Plenary Guardianship: When through the court process,  a team of medical experts determines that the ward no longer has the mental facility to make various financial and personal decisions. The court will identify what decision-making abilities and rights a ward has, and does not have (e.g. right to manage finances, enter into contracts, defend lawsuits, right to marry, vote, and ability to make medical decisions). The court will appoint a qualified guardian to handle and address the guardian’s needs.  The guardian will have to obtain a court order to utilize the wards funds on the ward’s behalf or obtain guardian compensation.  The wards funds will be maintained in a restricted account and cannot be accessed without a court order.  The guardian will be required to file an annual report which includes a plan for the ward’s medical care and wellbeing, along with an account.  A Plenary guardianship is a guardianship of the person and property, and will be used sparling by the courts. 

Guardianship of the Property– The Ward will have the right to make decisions as to his or her person.  However, the court has decided that a guardian is needed to manage the ward’s financial affairs.  A Guardianship of the property often occurs when a vulnerable person needs protection (they are susceptible to exploitation), or simply because the ward is a minor and legally can not own or manage the property until the ward reaches the age of majority.

Guardianship Advocacy– guardianship established to assist those with certain disabilities such as cerebral palsy. 

Property Law: 

Allow us to assist you with your next real estate purchase.  We are experienced with negotiating contract terms, and assisting when a dispute arises.  A common example of a purchase dispute that we see often is assisting a prospective buyer with obtaining his or her deposit back.  We also assist in the negotiation of commercial or residential leases, and provide assistance with evictions.  We are knowledgeable and stay up to date with the new laws pertaining to evictions, particularly those relating to Covid-19.  Last but not least we are familiar with title disputes, boundary issues, Association disputes and other contested areas of property Law.