Probate & Estate Planning Lawyer in South Florida
How would your family be provided for if you were no longer there? Would they know what you would have wanted if you are ever seriously injured or fall ill and can’t make decisions for yourself? While nobody likes thinking about these kinds of questions it’s important for your future and your family’s future to do so. Talk to us about your goals so we can help you live comfortably knowing your future is secure.
Wills and Trusts
Wills and trusts answer the important question of how your property should be divided after you are gone. Even if you aren’t wealthy, setting up a will or trust can help your family skip going to probate court and having to hire an attorney so that what you are able to leave them isn’t eaten away by attorney’s fees. If you are above the estate tax threshold, you may be able to eliminate or reduce your taxes with proper planning.
A conservatorship is established when a person disappears under circumstances that make it appear that they have died or if they have gone missing due to mental illness. The role of the conservator is to preserve that person’s assets and maintain their estate until they are found. To establish a conservatorship, a petition must be filed with the court by a person who has a potential interest in the estate, and it must detail why a conservatorship is necessary.
A power of attorney allows a trusted loved on or advisor to make medical or financial decisions on behalf of another. Powers of attorney can be in place in case of sudden incapacitation, or they can be used to allow family members to assist an aging or ailing loved one. Without a power of attorney or other appropriate documentation, financial institutions and healthcare providers may be legally barred from accepting instructions from family members.
Estate planning covers many decisions and it is common to initially take them one at a time. However, it is important to periodically review your estate planning documents to ensure that there are no conflicts between them or areas that have not been covered. You may also need to adapt for life changes such as job changes or new grandchildren.
If a loved one did not have appropriate estate planning documents in place, a guardianship can be established so that their family can care for their needs. To establish a guardianship, you must file a petition with the court, and the court will appoint medical experts to confirm that your loved one is medically unable to make decisions on their own. Our firm can assist you both with the guardianship and with meeting your legal responsibilities as a guardian.
To get help with probate and other estate planning matters in Southeast Florida including Miami, West Palm Beach, Fort Lauderdale, Hollywood, Broward County, and the surrounding areas, contact Gedeon & Morales Law Group today.