Florida Estate Planning Attorneys
When a friend or loved one passes away, you may find yourself in the position of a trustee, an executor, or a beneficiary. While the documents that govern that relationship may have been created many years ago, often the best laid plans go awry. The attorneys at DML Attorneys, P.A., are here to help you navigate through these tough times, ensuring that disputes are resolved.
At DML Attorneys, P.A., we will make sure your estate and loved ones are protected in your will. For questions regarding your estate, contact us today.
Wills
A will is a meticulously drafted legal document that outlines what you want to have happen once you pass away. A will aims to protect not only your estate, but also your loved ones to ensure your wishes regarding asset distribution are met. Without a will, your assets will be distributed according to Florida state laws and the discretion of the courts. To avoid this, you establish your directives in a will. Although most people feel that establishing a will is something you do as you get older, we encourage anyone over the age of 18 to have one. If you have assets, whether be cash savings or investments, property, or dependents, you should absolutely have a will.
Trusts
What is the Difference Between a Trust and a Will?
While they may initially seem similar, there is one distinct difference between a trust and a will. A trust is a legal document that goes into effect as soon as it is drafted and signed. Whereas a will is not valid until after you pass away. Both are valuable legal tools for estate planning that any family should take advantage of to protect their assets, reduce tax burdens, and ensure their loved ones are taken care of in the future.
Breach of Duty
When preparing a will or a trust, a person names either a trustee or an executor, persons charged with the administration of the will or trust in the event of someone’s death or, in some circumstances, another triggering event. The document also names certain beneficiaries who will receive the property listed in the will or trust. Wills and trusts are governed by their formation documents and state law.
Litigation surrounding the administration of an estate or a trust can occur due to improper actions of the trustee, executor, guardian or other fiduciary in charge of the estate or trust. These failures can include failure to properly account for estate or trust assets, failure to properly invest or manage the assets, or failure to distribute the assets according to the will or trust agreement.
At Mockler Leiner Law, we assist trustees, executors, and other fiduciaries navigate the complex legal issues surrounding operating and managing an estate or a trust to avoid these potential breaches of duty. We also represent beneficiaries and others interested in the estate or trust when the trustee, executor, guardian, or other fiduciary has breached their duties under the will or trust agreement.
Will Contests and Other Challenges to Validity
Litigation may also result based on challenges to the validity of the will or trust itself. These questions require a thorough investigations of the circumstances behind the creation of the will or trust, including:
The preparation of the will or trust, including whether the will or trust was executed with the formalities required by law;
The mental state of the preparer of the will or trust, including whether the preparer had the capacity to sign a binding legal document and whether any other person exuded undue influence over the preparer at the time the document was made;
The terms of the trust, including determining the proper beneficiaries of the trust and any conditions affecting eligibility for the trust.
In the event that any questions are raised as to a will or trust’s validity, we will aggressively litigate to ensure that the preparer’s wishes are respected and carried out. We also defend trustees, executors, and other interested individuals when the legitimacy of a will or trust document is challenged.