Estate Planning

Estate planning involves much more than simply drafting a will. The primary purpose of an Estate Plan is to help you examine your financial needs and assets in order to pass your wealth on to your heirs efficiently and privately. 

A good estate plan provides guidance for your loved ones under a variety of circumstances, including those in which you are no longer able to make decisions for yourself. Your estate plan should always include plans for the disposition of all your personal and real property, and any family owned businesses.

If you own a home, have some savings, or own any goods such as a car or furniture, then you have an estate. Planning for the future will affect the financial security of those you love. If you don't plan for what happens to your estate upon your death, the government will make those decisions for you.

You are entitled to prepare a will or trust that will distribute your assets in the manner you consider most appropriate. Parents of young children can also ensure that a guardian is appointed in the event of their untimely deaths.

We can assist you in any estate planning matter including:

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• 		Wills
  		Powers of Attorney
  		Living Wills & Health Proxies
  		Trusts
  		Guardianship
  		Accounting

Wills

Creating a Will is an integral part of the estate planning process.  Your will can ensure that your assets are received by your closest relatives and friends in the manner that you intended. A will can help reduce or even eliminate disputes that may arise amongst your family members regarding the distribution of your property in the unfortunate event of your death. 

Your will can also control when those assets are received. Your will can also designate a personal representative to manage your estate and may also reduce the costs of administering your estate. If you do not document your wishes in either a will or a trust, your assets will be distributed in accordance with Florida Probate Laws. 

Our team has many years of experience assisting clients in the preparation of wills thereby ensuring that his/her wishes will be honored upon death.  To speak to our highly qualified attorney about the preparation of a will, please contact us at 305.279.9200.

Trusts

If you hear the word “trust” and think it is an estate planning tool used only by the rich, you should know that over the past few decades, individuals and families in all income brackets are using trusts to plan their estates and to avoid the costs and delays of probate. A trust can save the heirs thousands of dollars by avoiding the probate process where court costs, personal representative fees, and attorney fees are based on a percentage of the value of the estate.   

What is a Trust? 

A trust is simply a written contract executed by the grantor (the person who creates the trust) and delivered to the trustee (the person who is in charge of the trust, usually the same person as the grantor), which is made for the benefit of a group of people (your “beneficiaries”). A living trust is called “living” because it is created and takes effect while you are alive. Some people create "testamentary trusts" which only take effect upon death. 

The beginning of any good estate plan includes a "revocable living trust" which allows you to revoke or change it any time, and as often as you like. Revocable trusts are very flexible, and can “own” all or some of your property. You can even have more than one revocable living trust to own different types of property, such as your separate property and your community property. 

Trusts can be a component of your will or a separate legal entity. At times, it may be advantageous to use trusts to avoid the probate process or to minimize estate and income taxes. Transferring ownership of assets to a trust frequently removes those assets from your taxable estate and minimizes your Federal and State estate taxes. Assets may also be transferred during your lifetime to a charitable trust, allowing you to enjoy the use of the assets during your lifetime while maximizing the estate tax charitable deduction. 

Probate

The probate courts oversee the administration of property after death. The passing of one’s property, whether they had a will or not, must be managed by a personal representative under the supervision of the probate court. Probate is the court supervision of the transfer of legal title of personal and/or real property from the estate of the person who has died (the "decedent") to his or her relatives, heirs, or beneficiaries.

When a person passes away owning personal and real property, the process of transferring those assets can be complicated.

The personal representative of the estate will have to fill out court forms and appear in court on several occasions to:

• 	prove that the will is valid
  	receive court approval to act as the legal representative on behalf of the estate
  	identify and inventory the decedent's property and have it appraised
  	to pay debts and taxes
  	distribute the remaining property

Probate can be an unpleasant experience for a family who coping with the loss of a family member. Unfortunately, it cannot always be avoided. The process is timely and costly, but is required by law for most estates. When a will or trust is challenged in probate court, a decedent's last wishes can, unfortunately, result in a lawsuit. That is why it is important to find an experienced estate planning attorney who can draft a will or trust that expresses your wishes. 

Living Wills

Living wills and healthcare proxies allow you to designate a trusted friend or family member to act on your behalf.  This enables him/her to manage your heathcare in the event that you are either temporarily or permanently unable to do so yourself. 

By signing a living will, you can inform your healthcare professionals and representatives of your intentions regarding future choices in the event that you are no longer able to manage your healthcare. By designating a healthcare representative, you can avoid future unnecessary court costs and take control of your medical treatment at a future time you are not capable of communicating your wishes.

To speak to our highly qualified attorney about the preparation of a living will, please contact us at 305.279.9200.

Real Estate

Real estate law includes both federal and state issues, with the state-level rules varying widely from jurisdiction to jurisdiction. These state and federal laws encompass everything from ownership of land and buildings to related issues such as financing, leasing, construction, taxes, environmental rules, and a multitude of others.

Selling or purchasing residential real estate should be a relatively simple process providing you have the assistance of competent counsel.  Contracts should be examined to ensure there are no misrepresentations and mortgage documents must be checked for accuracy.  Mistakes in this process can lead to unnecessary charges and delays.

When commercial properties are sold or purchased, the process can become more complicated.  For example, there may be leases to review and/or terms of the sale may come into question.

A competent and experienced real estate attorney can protect a party's interests in both routine and complex transactions and disputes. Real estate transactions and disputes involve many laws, which vary greatly from state to state. If you are buying or selling real estate or are involved in a dispute regarding real estate, it is in your best interest to get in touch with an experienced real estate attorney to ensure that your rights are protected. Our law firm handles residential closings, commercial real estate closings, mortgages, refinancing and issuing title insurance.

List of Real Estate Services we handle.

	Preparing Purchase and Sale Contracts.
	Representing Buyers and Sellers.
	Representing Real Estate Brokers or Mortgage Brokers
	Preparation of all documents needed for the transaction
	Consultation with the client
	Title Examinations and
	Issuance of Title Insurance policies for the protection of both the buyer and/or the mortgage company.

Title Insurance

WHAT IS TITLE INSURANCE ?
Title Insurance is insurance that insures the title of the property you are buying. It will up to the amount of insurance you purchased either clear the title problem that occurred prior to the time you purchased the property or pay you the money, if you lose the property.

Why do I need Title Insurance?
Title Insurance protects you against the following:
1. Unsatisfied mortgages
2. Unpaid taxes
3. Judgments against prior owners
4. Liens
5. Defective foreclosures
6. Fraud
7. Forgery
8. Interest of heirs of prior owner
9. Missing spouses of prior owner

10. Mistakes in prior instruments affecting title

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