If you have been named the Executor or Personal Representative in a Will, or a Trustee of a Trust, or both, you may not know what your responsibilities are or how to go about fulfilling any of them. Many questions may arise. Do you need the court probate process or not? Do you have to obtain special fiduciary insurance? What about a bond? What if the decedent owned property in more than one state? What if the beneficiaries do not get along? These questions and others are often difficult to address alone. We are here to help.
Throughout the representation of executors, trustees and other fiduciaries, our firm understands that we have been privileged to handle a family's most sensitive personal and financial matters. We know that often we are doing so at a very painful and sometimes profound time for the clients.
When a loved one dies in Florida owning property without a funded trust agreement, that property may need to be processed in the Florida probate court. Florida has different types of probate that a lawyer who practices in Florida estate planning can help you handle.
A typical engagement in the estate context begins with one of our probate attorney meeting with the executor to discuss the process and steps to take. These steps typically include determining what property is in the estate. This might include "probate" property, which generally is property titled solely in the deceased person's name. This probate property will pass under the will and go through the probate court process.
We work with families in Florida and across the nation during this challenging time to reach a conclusion for the decedent’s affairs.
When a client takes on the responsibility of serving as an executor or trustee following the death of a family member or friend, the task can seem overwhelming. The members of our practice work to lift this burden from the client to the greatest extent possible.
We help seniors and their family members with both the creation and administration of their trusts.
Trust administration can take place during your life, if you are incapacitated, or after your death. Trust administration allows us to avoid the Florida probate process for the assets held within the trust.
Typical trusts administered by our firm include irrevocable life insurance trusts, gifting trusts for the benefit of children and grandchildren (the latter are also called "generation skipping" trusts) and "credit shelter" (also called "A/B" trusts). Our firm also administers trusts that have been created under a will ("testamentary" trusts) or by trust agreement during a client's lifetime ("intervivos" or "living" trusts). Trustees frequently have questions, particularly when they have taken over responsibility for a trust, about what they can and cannot distribute to beneficiaries, what the law provides as to investment of trust assets, and tax payment responsibilities.
Call our office today to schedule your consultation: (386) 265-0900. We are available 24/7 to help you and your family.