Probate
 
Probate is the process of closing an individual’s estate and dividing the remaining property among the decedent’s beneficiaries. When a person dies, it is necessary to insure that corporations, real property, bank accounts, jewelry, minor children, debts, and other items are handled in an appropriate, legal manner. The probate process ensures that property transfers to the legal beneficiaries, debts are resolved forever, and legally ties up any loose ends.
 
Administration of an estate may be complicated and it is usually beneficial to consult with an attorney. Our professionals handle all aspects of probate administration for the local beneficiaries and those who live outside of Florida and even outside the United States. We handle creditors, notification, sale or distribution of real and personal property, entities, licensing, guardianship of minors, and any other matters which may arise. We are also adept at handling disputes between beneficiaries and complex, probate litigation. 
 
Estate Planning – Wills, Trusts, and Advance Directives
 
Although a topic often difficult to discuss, estate planning is a necessary and effective way to ensure that your interests are preserved in the event of death. No matter how small or large the estate, an estate plan is essential. Young families should have a will designating guardians for minor children. The revocable trust is an efficient way to hold real and personal property without relinquishing control. The revocable trust pulls the property out of probate by predetermining by contract how property is to be treated during the lifetime of the grantor and who shall benefit after the grantor’s death. The irrevocable trust not only pulls the property out of probate, it often avoids estate tax. The grantor does not retain control of the irrevocable trust property so it is usually reserved for very large estates and for life insurance policies.
 
In addition to wills and trusts, estate planning includes living wills and healthcare surrogacy documents. The living will is a legal declaration of an individual’s medical choice if he or she becomes unable to make a medical decision due to incapacity. The living will advises medical providers whether to perform life prolonging procedures or to let the patient die without life supporting assistance. The most frequently asked question is whether an individual can be kept on life support for a certain amount of time to ensure that he or she is really dead. It is important to realize that before the medical providers ever approach the question of life support, the patient must meet medical criteria.
 
The healthcare surrogacy document is a legal declaration by an individual naming a person to make medical decisions in his or her stead. The document usually names a successor healthcare surrogate to make decisions if the first surrogate is unable or unwilling to serve. It is often hard to imagine the difficulty a patient’s family suffers when asked to make decisions. Significant others will disagree with parents; adult children will not always agree with each other, spouses cannot make rational decisions when emotions are high. The living will and the healthcare surrogacy documents takes away the question of what the patient would want. The patient has spoken; the family and the medical providers need only follow the patient’s advance directive.