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Probate can be a complex and stressful process. If you have been named the executor of an estate, an experienced elder care lawyer can help you navigate this difficult process.
In Florida, there are TWO primary types of Probate Administration:
SUMMARY ADMINISTRATION is a shortcut when the estate value is less than $75,000 (not including exempt property) or is the death occurred more than 2 years ago. This process can take 4 to 8 weeks from initiation to termination.
FORMAL ADMINISTRATION is for an estate that is valued over $75,000. The court appoints a personal representative in the county where the decedant lived at the time of death. This is a much longer process that can take up to 6 months to complete.
Our office has extensive experience in this are and can help you through this confusing process.
Thorough estate planning can protect your desires concerning end-of-life care and the distribution of your assets. Our team offers full estate planning services, including wills and trusts, estate administration, long-term care and end-of-life arrangements, durable power of attorney, living wills, health care surrogate forms, and funeral arrangements.
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Acting as a Trustee can be an overwhelming and confusing task. Let our office help.
As a Trustee for a Florida trust, you will need to comply with both the terms of the trust as well as Florida’s statutory requirements. There will be tax concerns you will need to address and you have to make sure the language of the trust is followed.
Some of the Trustee’s responsibilities include:
Our firm can answer these concerns. Call for a free consultation.
A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a minor or for an adult with mental or physical disabilities.
Guardianship is only warranted when no less restrictive alternative and if there is a pre-need directive as a durable power of attorney, health care surrogate, trust, or proxy. Florida law allows both voluntary and involuntary guardianships. A voluntary guardianship may be established for an adult who is mentally competent but is unable of managing his or her finances and consents and petitions for the guardianship.
There are several types of Guardians: Limited, Plenary, and Temporary. Our office can help with the paperwork to appoint a family member or to find a professional guardian for your loved one.
Medicaid programs are available to people with limited incomes and assets that need nursing home care, long-term care services, and home health care services, which can be very costly and consume all of your assets if not protected. There are several different Medicaid long-term care programs for which Florida seniors may be eligible. These programs can be confusing. Contact our office and we will be more than happy to show you how you can preserve your assets and still be qualified for Medicaid.
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