Lealman Wills, Trusts and Estate Lawyer
If you do not have a will, or yours is not current and does not accurately reflect your wished, now is a good time to fix this. Give us a call — wills are one of our specialties.
To create a workable estate plan, it is imperative to understand the value and type of all assets. Then direction as to who should receive these assets after your passing.
Under current Florida law, as a Florida resident, you will not be obligated to pay any estate or inheritance taxes unless your assets exceed $5,000,000.
In addition to a Will we recommend you consider Advanced Directives.
You want to have the right to make your own care decisions and making those decisions is often difficult.
- What are my care options?
- Types of treatment to refuse or accept
- Resuscitate or not??
There are times because of an accident, injury or illness when you may not have the capacity to make your own decisions about cares. However, decisions will still need to be made regarding your treatment and care. Advanced Directives will direct who can legally speak for you and make sure that your wishes are carried out.
Advanced Directives include the following:
- Living Will
- Designation of Healthcare Surrogate
- Power of Attorney
- Pre-Need Guardian
We offer a free consultation either by telephone or in our office. Call us today.
A revocable living trust has significant benefits over a simple will. These include, but are not limited to:
- Avoiding probate
When you a revocable living trust you may be able to evade the costs and fees and the time probate can take. When setting up a living trust, one transfers the proper assets into the trust. The trust becomes a legal entity, but it does not hamper a person’s ability to use the assets.
- Maintain privacy
Unlike a will, a trust can remain private (no court filing required), and the terms can be confidential.
- Protection from creditors
A revocable living trust is entity of its own. As such it can provide protection from creditors (most), during your lifetime and upon death.
- Medicaid planning
A living trust can be particularly useful in planning for a medical event
Free consultation in person or by phone. Call us today.
There are two different kinds of guardianship:
- Guardian of the person and
- Guardian of the property.
When a guardian is appointed for both (property and person) it is called a “plenary guardian.”
In establishing a guardianship it is a two-step process. The first step is a determination of a person’s competency. Once a person is declared incompetent, the second step is for the Court to appoint a guardian. If the person has executed a Pre-Need guardian, the court would give that great weight in selecting who the guardian should be.
A guardian of the person is in charge of the daily care and medical treatment of the Ward, that is, the person declared incompetent (as a court may deem).
All guardianships are monitored by the court, and an annual plan and report must be filed with the guardianship court.
After a person is found incompetent, or determined not be able to administer their own finances, a guardian of the property may be assigned. A guardian of the property is charged with the administering of the assets of the Ward and paying their bills, both reasonable and necessary.
The guardian of the property is also obligated to file an annual report with the court.
Minor Child Guardianship
Guardian of the person – If a minor child cannot live with a parent, such as both parents passing away or losing their parental rights; the court may appoint a guardian of the person.
Once appointed, the guardian has the responsibilities of a parent in caring for a minor child.
If you need help in creating an estate on behalf of a loved one… I can provide you personal and individualized legal expertise every step of the way. And we will take the time to cover all of the legal options available.
My practice of law, for the past 33 years, has included Family Law, Probate, Wills, Trusts and Estate Planning, along with Personal Injury.
If I can be of assistance in any of these matters, please contact me.
A free initial consultation is available in our office or by phone. Call us today.