Estate Planning Attorneys
in South Florida

A Revocable Living Trust performs much of the same functions as a Will. But where a Will must be acted upon through Probate, a Living Trust enables the creator to pass assets to beneficiaries when and how he or she desires without the need to go through Probate’s expensive and time-consuming court proceedings.

It also can avoid a guardianship proceeding if the creator becomes unable to manage his or her own affairs. Beyond explaining and helping prepare the Revocable Living Trust, the attorney can be engaged by the estate after the individual’s passing to interact with the trustees, financial advisors, stockbrokers, accountants, etc., in helping settle the trust.

Guardianship Provisions outline whom the parents have selected to care for and raise the children and manage their finances and affairs in the event of the parents’ passing or incapacitation. The court still will make the final determination, yet courts often give great deference and weight to the parents’ stated wishes.

Guardianship Provisions introduce a scary notion: The parents’ untimely passing or incapacitation, and the need to plan for the children’s future. This prospect often keeps people from pursuing the creation of such provisions. Yet it’s the parent’s responsibility to plan for the children in any eventuality. As stated previously, if you don’t, the courts will decide – without knowing your intentions or wishes.