Celebrating 20 Years as Advisors and Advocates for South Florida Clients
Trusts
We are experienced in laws relating to the relevant requirements of Florida Trust Code and provide meaningful advice to settlors, trustees (including successor or substitute trustees) and beneficiaries who are clients of the law firm as such matters require including possible creditor claims and the drafting of spendthrift provisions. Our intake process begins with a thorough discussion of the trust creation requirements including the capacity of the settlor, trustee duties and responsibilities and unique features of certain designated beneficiaries.
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A significant portion of the Carney Stanton Trust clients engage us to prepare revocable trusts which can avoid probate for assets that have been transferred to the revocable trust. The Carney Stanton revocable trust related documents include the last will and testament, living will, durable power of attorney, designation of health care surrogate and the declaration naming preneed guardian.
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There are times that a disagreement can exist between one or more beneficiaries and the trustee and we provide legally based practical solutions to such disputes.
Wills
For Florida residents who may already be part of an estate plan with one or more trusts or others who finally have come to terms with providing for their intended beneficiaries they engage Carney Stanton to prepare a last will and testament which will transfer title to designated assets from the decedent to the proper beneficiary. Florida has detailed requirements relating to the execution of a last will and testament including the testator’s signature, witnesses signatures and notarization for provide for self-proof of the last will and testament. Other than exempt property and allowances, the property of the testator in existence upon the passing of the testator will require probate administration which if there is a surviving spouse will include rights to an elective share and rights in the community property. We inform clients that the Florida statue provides that a will provision which seeks to penalize an interested person for contesting the will or other proceedings relating to the probate estate is not enforceable. The Florida Probate Code also provides that the custodian of a will must deposit such will with the clerk of the applicable court within 10 days after becoming aware of the death of the testator.
Probate
The Florida Probate Code governs matters relating to substantive rights, rules of evidence, disposition of real property, verification of documents and various notification requirements. Probate administration involves the assets of the decedent are inventoried, these assets are used to satisfy proper creditor claims against the estate and distributing the remaining assets to the beneficiaries or heirs. We frequently advise individuals who are considering becoming the personal representative of a last will and testament as to their responsibilities under the Florida Probate Code. Probate administration can be costly and time consuming (due in part to first time personal representatives) and requires the filing of numerous documents with the applicable Probate Court. These Probate Courts (one for each Florida county) are often busy due to the large number of elderly persons residing in South Florida where most of our clients are located. Problems and disputes can be expected unless the last will and testament has been carefully drafted; however if the estate has meaningful debts or unequal distributions to children or others this can lead can lead to will challenges or other legal proceedings. Carney Stanton advises the testator as he or she matures in age to communicate their wishes to the personal representative, and if appropriate, to the primary heirs or beneficiaries to try to identify problems before the death of the testator.
