Wills & Estate Planning

Nobody wants to even think about the possibility of dying young, especially those with children. But what will happen to your kids if it happens? During life, everyone should make it clear by properly executing estate planning documents who should benefit upon their passing. Without proper planning with an Elder Law or Estate Planning attorney, assets may go to those named in an outdated Will or even default to descendants or heirs under Florida Statute. This could lead to people inheriting despite the person who passed not wanting that to happen. Without proper planning, those loved ones can suffer, especially those who would have inherited had the person who passed away planned better.

Nobody wants to even think about the possibility of dying young, especially those with children. But what will happen to your kids if it happens? During life, everyone should make it clear by properly executing estate planning documents who should benefit upon their passing. Without proper planning with an Elder Law or Estate Planning attorney, assets may go to those named in an outdated Will or even default to descendants or heirs under Florida Statute. This could lead to people inheriting despite the person who passed not wanting that to happen. Without proper planning, those loved ones can suffer, especially those who would have inherited had the person who passed away planned better.

Estate planning is for everyone; not only reserved for the rich. Everyone should consider estate planning to avoid the potentially devastating consequences for their heirs in the long-run. Learn more here.

Estate planning has many benefits. You can use it to minimize the taxes on your assets. It can also make the property transition process seamless. You can also use it to name a guardian for your minor children.

Benefits of Estate Planning

Planning benefits the Principal and their family members or loved ones in a myriad of ways. Some of the most prominent advantages associated with estate planning include ensuring property passes according to the wishes of the person who passed, minimizing taxes, nominating guardians, and avoiding probate.

Wills

An appropriately drafted will eliminates uncertainties and complies with the Florida Statute. It consists of information of heirs, and their respective shares in the estate. You may even appoint a guardian for the minors through a Will, choose an executor, and name someone to manage the property.

Wills cannot be used for the following:

  • Stocks that are held in transfer-on-death form
  • IRA accounts and pension funds that are named under specific beneficiaries
  • All those assets that are held in joint tenancy
  • Bank accounts with payable-on-death beneficiaries
  • Life insurance proceeds with a named beneficiary

Tax Saving

The core objective behind drafting an estate plan lies in protecting loved ones from unwanted consequences and undesirable situations. Another critical part of estate lies in minimizing taxes, which ultimately saves your hard-earned money from going to the government in the form of state inheritance taxes.

When you leave assets over a certain threshold, the state is likely to charge a substantial amount of inheritance tax. Consulting an estate planning attorney can help you reduce the inheritance tax liability.

Trusts

Suppose you want to design a plan during your lifetime, leaving something of value for your children or grandchildren but not handing those funds outright to your beneficiaries. Thus, instead of giving them the gifts or assets immediately, you might draft a trust. There are many types of trusts; you may discuss them with a qualified estate planning or trust attorney to choose the one that serves your interest the best.

In some cases, drafting a trust turns out to be a better option than drafting a Will. However, consulting a professional estate planning attorney is indispensable when choosing the option that favors you the best.

Estate Planning Summarized,

If you want your assets and loved ones to be protected in the long run, drafting an estate is inevitable.

It is recommended to consult professional estate planning attorneys to formulate a plan to protect your estate from falling into the wrong hands and to reduce taxes.

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guardianship attorney

Things You Need to Know About Guardianship

A court appoints a legal guardian for those who cannot care for their well-being due to any reason, be it infancy, incapability, or disability. Therefore, a “Ward” is someone who requires special protection.

The legal guardian has the authority to make financial and personal decisions in the ward’s best interest. Guardianship is the legal process of naming someone accountable for an individual`s personal affairs. The court will oversee the guardian’s actions to avoid the chances of any mishandling of funds.

In this article, we will discuss the two most common types of guardianship. Also, the article discusses the differences between full guardianship and limited guardianship.

Types of Guardianship

There are two types of guardianships. Let’s explore a bit more about them:

Full Guardianship (Plenary)

Full guardianship gives the guardian the complete authority to take decisions regarding the affairs of the ward. This includes:

  • Deciding where you live
  • Authorizing medical treatment
  • Handling legal matters
  • Managing the financial matters

Limited Guardianship

Under limited guardianship, the guardian can only perform the duties that the ward cannot do by himself. This includes four situations:

  • Due to old age, guardianship for an incapacitated senior
  • For minors
  • Guardianship for disabled adults
  • And Guardianship for incompetent adults

Guardianship laws do vary from state to state. Thus, the best approach is to consult with a guardianship attorney to understand the legislative proceedings of your state.

Emergency Guardianship

Emergency guardianship is a form of temporary guardianship. It usually arises due to an emergency. However, an emergency guardian is generally appointed by the court to serve the ward in times of crisis.

In general cases, the ward is either disabled or incapacitated. The court decides that whether or not the individual can handle the situation himself or cannot due to mental disability, addition, or deliberating disease.

The period for an emergency guardianship lasts for a limited time. In most states, it is 90 days; however, it can be extended by the court’s approval if the need arises.

Once the emergency has ended, the appointed temporary guardian must file a report at court. Therefore, this involves providing all the details regarding the services that he/she provided during the tenure.

Who Cannot Be a Guardian?

A court can appoint anyone who is found suitable to serve as a guardian. However, a person cannot be appointed as a guardian if he is:

  • Incompetent
  • Minor
  • Convicted of a felony

Over to You

Full guardianship and limited guardianship can be confusing. Seeking a full or plenary guardianship when a lesser restrictive option is available is a mistake. So is only pursuing a limited guardianship when someone needs help with everything. The stakes are too high to make these mistakes. However, to eliminate the risk, you may speak with a qualified guardianship attorney.

Do you want to learn more about the guardianship laws of your state? Please let us know in the below comment section.