A will is simply a particular disposition of one's property. It must be executed with the formalities of law to be valid. In Florida, the laws of intestacy (dying without a will) would leave all your assets first to your spouse, then to your children, next to your parents (equally) and then to your brothers and sisters, nieces and nephews. One should consider making a will if he or she has a property that would otherwise go to someone you do not wish. In addition, a will can provide for the person you name to administer your estate. The law office of Lee A. Rosenthal is here to assist you with estate planning to ensure your wishes are carried out.
A living trust can provide the advantages of a will, plus it may avoid the probate process, saving your beneficiaries money and time. Should you have real property in another state, a trust can avoid ancillary probate in that other state. If you have a minor child who you would like to own stock or other securities, he or she may experience ownership through a trust. Another important consideration is that creating a trust can help you plan for incapacity, should that situation arise. A trustee can take care of many financial, medical, and daily living needs without court approval. Most importantly, with a living trust, yout privacy is maintained because your finances are not public records, as they would be if they were in a probate court file.
Asset protection may also be obtained through other means such as tenants by the entireties, advanced directives, gifting at appropriate times, and retention of the proper person to serve as your fiduciary.
Mr. Rosenthal can analyze your estate planning situation and help you make the choices that best fit your needs.
If you do need to probate an estate, Lee A. Rosenthal, P.A. can provide this service in a cost efficient, expeditious and friendly manner.