Estate Planning and Administration

Charitable Giving
Attorneys Who Practice In This Area:
John
Transfers of cash, securities, real estate, etc., to charities during life offer an unlimited means to reduce your taxable estate as well as providing you with current income tax deductions. Charitable bequests at death create a full deduction for the purpose of calculating the Federal Estate Tax.

As for a split interest, referred to a charitable Remainder Trust and Charitable Gift Annuities, the Donor makes a gift to Charity, but retains all or part of the income from the gift for the Donor and/or his or her spouse or other person for their lifetime(s) or a chosen term of years. The Donor receives an immediate income tax deduction for the value of the remainder interest which will at some future time pass to the Charity.

Elder Law
Attorneys Who Practice In This Area:
Connie
Our practice of Elder Law integrates the legal system with the financial, social, and medical concerns of our client. It encompasses education, counseling, planning, and advocating for our clients on a wide variety to issues including: Estate Planning (Wills, Trusts, Special Needs Trusts for the Disabled), Planning for Incapacity (Advance Health Care Directive, Durable Power of Attorney, Identification of Available Community Resources), Long-term Care (Alternatives, Funding, Nursing Home Residents' Rights), Guardianship, Preventing and Correcting Abuse, Exploitation and Neglect of Elderly Persons, Government Benefits (Medicare, Medicaid, Social Security)

Insurance Planning
Attorneys Who Practice In This Area:
John
Life Insurance can be used to create an instant estate, pay estate taxes, and guarantee the funds necessary to continue a business.

Proceeds of a life insurance policy, however, will be included in an individual's estate for estate tax purposes(1) if the estate is named as the beneficiary, or (2) if the decedent had "incidents of ownership" in the policy upon his or her death (for example, if you have the power to change beneficiaries, borrow against the cash values, surrender the policy, etc). However, with proper planning, you may remove the insurance from your estate. Our office will advise you and prepare the appropriate documents.

Retirement Planning
Attorneys Who Practice In This Area:
John
Both as an employer and an employee, issues may arise with respect to retirement plans. As an employer, there may be questions regarding the selection or operation of a qualified or nonqualified retirement plan to benefit your employees and you. As an employee issues arise as to timing and tax consequences concerning distributions during life and upon the designation of a beneficiary on death. We are prepared to assist you with any issue you might have regarding retirement plans.

Taxation Estate & Gift
Attorneys Who Practice In This Area:
John
Every transfer of property for less than full and adequate consideration is potentially subject to gift tax. Additionally, the net fair market value of all of the assets the decedent owns on the decedent's date of death are subject to estate tax. We can assist you in developing a comprehensive estate plan which may minimize, if not eliminate, gift and estate taxes.

Probate/Will Contest
Attorneys Who Practice In This Area:
Connie
Probate is the legal court proceeding that requires the filing of the deceased person's will with the probate court, the identifying and inventorying the deceased person's property, the paying off debts (including estate taxes), the "proving" that the will is valid, and eventually, the distributing the estates assets as the will directs. If the deceased person did not leave a will, the estate will still go through probate. The property is distributed to family members as Florida state law (called "intestate succession" law) provides. Our office will prepare and file the appropriate documents.

Trusts/Trust Administration
Attorneys Who Practice In This Area:
John  Connie
Trustees may occasionally require assistance in determining exactly how a trust should operate or what the grantor of the trust intended. Additionally, trust beneficiaries may have questions with regard to their rights to trust property. We assist trustees and beneficiaries in making sure that trusts operate smoothly and efficiently and that the grantor's intentions with respect to the trust, as set forth in the trust document, are effected.

Wills/Estate Planning
Attorneys Who Practice In This Area:
John  Connie
More than just planning the disposition of a person's assets at death, estate planning also encompasses lifetime gifting, planning for incapacity and ensuring that minor children will continue to be provided for following the death of the parents. An estate plan could be as simple as the preparation of a will or involve complex trusts and estate tax reduction vehicles. We are available to discuss your desires and goals with regard to your estate, whether big or small, and to assist you with the design of an estate plan which meets your needs.

Guardianships
Attorneys Who Practice In This Area:
Connie
We represent Guardians and alleged incapacitated persons in Guardianships of the Person and the Property. Guardianship proceedings of an incapacitated person are initiated in circuit court and are designed to provide a structure to prevent abuse of a vulnerable person (both adults and minors); to alleviate the risk that an incompetent or incapacitated person may present to himself, herself, or others; and to restore the person to health and financial security.