Miami, FL, Miami-Dade County, and South Florida Trusts, Estates & Wills
You have worked hard for your entire life. You have built an estate that it is natural to want to protect. You might be worried about what will happen to your hard-earned money upon your death. The attorneys at David F. Anderson, P. A. can help to ease these worries. We can help you find the way to transfer your assets before and after death that will work for you. We want to ensure that your money will get to the people that you entrust it to. We will find a way to guarantee that these people get as much money as possible in the exact method of your choosing.
Your Will, Your Way
Every estate plan should start with a will. Wills are not just for the elderly and people with well-endowed estates. There are benefits to having a will for people of any age and income level. Having a will is the best way to express your wishes regarding what will happen after your death.
The layers at David F. Anderson, P.A. can help you decided if a simple will will suffice to transfer your assists, or if your assets should be held in a trust and have a pour-over will as a backup. A simple will is better for a smaller estate, while a trust and pour-over will is best for a larger estate, especially if real estate is involved. A pour-over will direct assets outside of your trust to pour into the trust and be allocated with the trust’s decisions.
We will make sure that you understand the legal consequences of you decisions, and that you understand how your will can benefit your family after your passing.
Not only will we be there for you to initially draft and revise your will, we will also represent you and your family during probate. Probate is the formal procedure of administering an estate according to a will. We want to make sure that your will is carried out exactly in the way that you request with as little disputation as possible.
There is also the matter of a living will. A will states your requests concerning the distribution of your assets and the care of your children following your passing. A living will, also known as a health care directive, offers direction regarding your medical care if you become incapacitated. Both are important in expressing your wishes for your estate, and David F. Anderson, P.A. can help you to draft both documents.
If you want to manage your assets for your descendants, or other designated beneficiaries, it is a good idea to set up a trust. There are many benefits of a trust, including:
- Protect and preserve assets for your beneficiaries in a secure way
- Avoid estate taxes and keep your monetary funds and other assets
- The ability to set aside funds for a disabled child while keeping government benefits
- Avoid probate court and the cost, time, and hassle that comes with it
There are several different types of trusts. The Florida attorneys at David F. Anderson, P.A. can help you to pick the trust that will help you to accomplish you goals. Several examples of trusts include:
- Revocable living trust: A trust that can be changed during the life of the grantor. The assets are subject to estate tax
- Irrevocable trust: A trust that cannot be modified once drafted. The assets are generally not subject to estate tax
- Third-party special needs trust: A trust that protects the benefit eligibility of disabled children while still providing them with funds
- OBRA special needs trust: This trust allows clients with substantial assets to qualify for Medicaid by setting aside funds
- Credit shelter trust (AB trust): The trust gives assets protection from estate tax upon the death of the grantor
Beneficiaries, assets, and life circumstances all factor into the trust you set up. The law team at David F. Anderson, P.A. can effectively establish a trust that will meet your financial needs.
Executors and administrators
We do more than help in the development of the estate plan. If a probate is required after the death of a client, our firm can assist executors and administrators in the process. Probate is a judicial proceeding. It is required to transfer title to the deceased’s beneficiaries in a will. The terms of the will names the executor, or an administrator can also step forward to administer the estate of a family member without a will. Our lawyers can help you to become appointed by the probate court. We can also be of aid in any successive probate court matters and procedures until the closing of the estate.
David F. Anderson attorney at law located in Miami, Florida specializes in long term care, Condominium law, Medicaid planning, Corporate structures, Residential real estate, Asset protection, Commercial real estate, Family law, Title insurance, Bankruptcy, Mortgage law, Association Law throughout Dade County, FL and the surrounding area