Services Included but not limited to:
There is an old saying that the only two certainties in life are “death and taxes”. Unfortunately, it is true that at some point, we will be called upon to assist with winding up the affairs of a deceased loved one, and one day, someone will need to do the same for us. Whether a formal probate administration through the local courts or a complex trust administration, the attorneys in Rossway Swan’s Trusts and Estates practice group understand the scope of the responsibilities involved and the emotional toll the process can take on everyone involved. We strive to simplify and expedite the process, and to shoulder as much of the burden for our clients as possible.
The attorneys in Rossway Swan’s Trusts and Estates practice group are also skilled at advising Trustees and beneficiaries with respect to continuing trust administrations. We are solutions-oriented and are not deterred by difficult or complex situations, such as administration of Special Needs Trusts or modification of irrevocable trusts.
In Florida, probate is necessary when someone who resided or owned property in Florida dies and leaves assets behind.
The Florida Probate Code contains detailed instructions for the probate process and, in almost all cases, requires that a licensed attorney administer the estate. You will want an experienced Florida probate administration attorney representing your and the estate’s interests.
Every estate has legal requirements for distributing the property of the estate. If a Trust is involved, the trustee or successor trustee must immediately take control of trust assets and carry out the terms of the trust document. This process is known as trust administration. Trust administration involves important legal duties and obligations to distribute the assets of the trust according to the terms of the document.
A beneficiary is a person who is named in a will or trust and who has a right or potential right to receive assets from the estate or trust. In Florida, beneficiaries have certain rights as the estate proceeds through probate or trust administration.
Often the beneficiaries of an estate or trust are not always known with certainty. If an individual believes they may have some interest in the estate or trust, they can file a claim to be recognized as a beneficiary or interested party.
A trustee may be challenged not only in their appointment as a trustee but in the performance of their duties as well. When this occurs, legal representation may be needed on behalf of the trustee.
A Trustee is legally required to follow the terms of the trust and the rules established by the Florida Trust Code. These rules must be followed, but a trustee does not have to do so alone. A trustee may retain professionals including accountants, bookkeepers, and attorneys to assist in performing the trustee’s duties.
Florida Statute permits a trustee to be removed from their position under certain circumstances. This may be either agreed to or contested. If it is contested, facts and evidence must be presented to the Court to support the removal.
Power of Attorney suspension and contestation
A Power of Attorney grants authority to an agent to act in the place of the principal. The “principal” is an individual who grants the authority to an “agent” under a Power of Attorney. A valid Power of Attorney is a valuable asset when used properly, but can be tremendously problematic if misused or obtained improperly. Florida law provides avenues to contest a Power of Attorney or suspend its authority under certain circumstances.