Month: March 2014

What Does A Trust Cover?

Posted on | by mP@

Trust-AttorneyIf you are trying to find out exactly what does a trust cover, you have come to the right trust attorney here at Reinfeld & Cabrera, P.A. to find the answer to what you are looking for. Trusts are flexible, varied and complex and can be useful estate-planning tools for you and your family. With the guidance of a trust attorney you will realize that a trust is able to cover a myriad of things.

A considerable amount of your assets in real estate, a business or an art collection are just a few things covered by a trust. One of the biggest advantages of a trust is that it is able to provide you with the ability to put conditions on how and when your assets are distributed after you die. You may decide to have your estate distributed to your heirs in a non-direct or delayed method and not in a way that is immediately payable. Working with an experienced trust attorney you can ensure that your trust will be able to accommodate such things. Perhaps you want to ensure the continual support of your surviving spouse, but also want you to make certain that the principal or remainder of your estate goes to your chosen heirs after your spouse dies. Trusts can assist in reducing estate and gift taxes and distribute assets to heirs efficiently while avoiding probate court. Together with the advice of your trust attorney you and your spouse will be able to maximize your estate-tax exemptions through the use of a trust. Another area covered by a trust is in providing for a disabled relative without disqualifying him or her from Medicaid or other government assistance. Furthermore a trust will better protect your assets from creditors and lawsuits.

There are five standard forms of trusts. The credit-shelter trust allows you to write a will bestowing an amount to the trust up to but not exceeding the estate-tax exemption. The generation-skipping trust permits you to pass on a sizeable amount of cash tax-free to beneficiaries who are at least two generations your junior. A qualified personal residence trust allows you bestow your home as a gift while you keep control of it for a stipulated period of time. The irrevocable life insurance trust could work to remove your life insurance from your taxable estate, help pay estate costs, and provide your heirs with cash for a variety of purposes. Lastly, a qualified terminable interest property trust allows you to direct your assets to particular relatives especially if your family contains divorces, remarriages and stepchildren.

Each type of trust has advantages and disadvantages. It is important that you discuss these advantages and disadvantages thoroughly with your trust attorney before setting up your trust. Do not hesitate to contact a probate attorney from Reinfeld & Cabrera, P.A. to discuss setting up the best trust that suits you and covers your needs.

Elder Law.

Posted on | by mP@

elder-law

Elder law is an area of law and legal practice that is focused on issues surrounding our elderly and disabled population. Elder law covers a vast array of different types of law. Therefore, it becomes important to know where your legal needs fall before contacting an elder law attorney. It is also important to remember that many elder law attorneys only specialize in one or two areas of elder law. This is why we at Reinfeld & Cabrera P.A. have put together a brief rundown of a few of the different areas of elder law, as a means of guiding you in recognizing where you elder law requirements lie.

Mental Disability:
If mental incapacitation is a concern for you, you will need to consult with an elder law attorney who is experienced in mental disability. They will assist you in planning what will happen to you and your property should you become mentally incapacitated. If you are concerned about a loved one that has become mentally disabled or is losing their mental capacity, you will need the assistance of an elder law attorney who is familiar with guardianship.

Medicaid:
An elder law attorney who is skilled in proactive Medicaid planning is the attorney you should approach if you worried about protecting your assets should you need long-term health care. Furthermore, an elder law attorney experienced in crisis Medicaid planning will be able to assist you in applying for Medicaid should you or your loved ones enter a nursing home.

Estates and taxes:
If you are worried about what will happen in the event of your (or a loved one’s) death, you will need to consult with an elder law attorney who has experience with the estate settlement process in Florida. This could include probate and trust administration, thus the elder law attorney you approach should be familiar with these areas too. Federal estate tax, gift tax and state estate tax / inheritance tax can become a complicated business. An elder law attorney who is familiar with these areas of law in Florida will help you in minimizing estate taxes and their potential complications.

Elder Abuse:
Unfortunately, elder abuse is a reality. If you are concerned about a caregiver, taking advantage of your elderly loved one, an elder law attorney who is familiar with the elder abuse laws of Florida will be able to assist you in fighting for and protecting your elderly loved one.

The scope of elder law in Florida is extremely broad and it is important to identify an elder law attorney, such as Reinfeld & Cabrera P.A., who has the experience and knowledge that will compliment your own unique family and financial situations.

Finding The Right Attorney in Coral Springs

Posted on | by mP@

Attorney-in-Coral-SpringsThere are many ways to go about finding the right attorney in Coral Springs. Although it may seem an overwhelming task, finding the right attorney is easier than you think. We at Reinfeld & Cabrera P.A. feel that finding the right attorney goes beyond simply sourcing an attorney you need to identify an attorney who suits you personally. Below is a rundown of our advice to help you in finding the right attorney in Coral Springs.

Sourcing an attorney:
Recommendations are a good place to start. Begin by asking your friends, co-workers and employers if they know of, or, could recommend a good attorney in Coral Springs. Business owners and working professionals (like bankers, doctors, and social workers) may also be able to point you in the direction of finding the right attorney in Coral Springs. A common method of finding an attorney in Coral Springs is through Advertisements. Although not all attorneys choose to advertise, attorney advertisements are everywhere – from the Yellow Pages and newspapers to television, radio and the Internet. What is important to remember when finding an attorney in Coral Springs through advertising is to make sure that you keep the advert or make notes for your reference purposes. Another means of finding the right attorney in Coral Springs is through certified lawyer referral services. These are services that help you (as the potential client) find the right attorney in Coral Springs who is experienced in the appropriate area of the law. The Florida Bar (http://goo.gl/s170Q0) offers some information on lawyer referral services. Other means of finding an attorney in Coral Springs includes: Public interest groups; free legal aid agencies; dispute resolution programs and prepaid legal services plans.

Identifying an attorney who suits you:
Now that you are aware of the various methods of finding an attorney in Coral Springs, let’s chat about identifying the RIGHT attorney for your particular needs. It is important that you interview any prospective attorneys by speaking with each attorney personally. The most efficient way of doing this is to outline your needs in advance. Thus when you meet your potential attorney you can properly evaluate them, their behavior and their work ethic. This will help you make a well-rounded decision before beginning your client-attorney relationship. Pay particular attention to their personality (you must feel comfortable with your attorney); their communication and promptness (you want a lawyer who will work hard on your behalf and follow through promptly on all assignments); and their willingness to work with you (you will need an attorney who is willing to assist you in developing an understanding of the legal principles surrounding your problem)

By following our advice, finding the right attorney in Coral Springs, such as Reinfeld & Cabrera P.A., will result in a rewarding and successful relationship.

A Divorce Attorney Takes The Headache Out Of Divorce

Posted on | by mP@

Divorce-AttorneyEveryone has heard the criticisms of divorce attorneys, but we are here to debunk those myths and to tell you how a divorce attorney takes the headache out of divorce. Divorce is never an easy thing to have to deal with on a personal level let alone having all the legal strings attached, so the divorce attorneys at Reinfeld & Cabrera, P.A. want to help you to make the right decisions and guide you through this tough time.

This is a list of some of the things a good divorce attorney should do:

  • If the case reaches court, your divorce attorney will help you to get a final judgement of dissolution of marriage. They will also fully prepare you for a court hearing – guiding you through possible scenarios, asking you questions they may have to ask you in court, helping understand how you should answer during questioning, guiding you as to the proper courtroom etiquette and appropriate dress codes.
  • If problems arise during the divorce process, your divorce attorney should draft settlement agreements to resolve these issues.
  • Whenever possible, a divorce attorney should be open to settling the case out of the courtroom through negotiations to avoid the unnecessary stress and expense of court.
  • Florida law states that a mediation process must be undertaken by the couple if there are children involved. A divorce attorney should guide you through this process.
  • If you have children a divorce attorney should help you through developing the parenting plans which outline the many issues pertaining to the caring and raising of minor children, such as child custody, child visitation rights, and alimony.
  • When it comes to the task of property division a divorce attorney will expertly guide you through the issues and processes of this often complex and messy area.
  • To assist in a speedy and legal divorce a divorce attorney should ensure that all the relevant divorce forms are properly filled out preventing unnecessary errors from delaying or disrupting your case, make sure there are no unresolved legal issues to ensure that you avoid undue legal actions and pre-empt any legal issues (such as assessing whether or not there will be a need for an expert’s opinion in resolving your case).

Having a divorce attorney who cares about your needs and the needs of your family represent you through this difficult process will certainly be your remedy to removing the headache out of your divorce.

Fighting For custody? Get a Divorce Attorney On Your Side

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Going through a divorce is hard enough, but you will definitely want to make sure you have a good divorce attorney when there are children involved. Child custody cases can be extremely difficult and stressful, often because of the high level of emotion that is involved, so you need to have a trusted attorney on the case.

Before a child custody case goes to court, your former partner and you should always try to reach an agreement first. In fact, a divorcing couple is required to attend mediation under Florida law, when children are involved. A good divorce attorney will be able to help you through the mediation process. If mediation fails to produce a child custody agreement, a judge will resolve your child custody case, determining the fate of your children.

Knowledgeable divorce attorneys will look at your specific situation and determine if you should argue for sole custody or joint custody. Sole custody means you are the parent that makes the big decisions, such as where your child (or children) will go to school or church. Generally, when one parent is awarded sole custody, the other parent has set visitation times. Joint custody means both parents, together, come to some sort of an agreement about these types of big decisions.

Another important aspect of child custody cases are child support. A divorce attorney will not only help you retain custody in a child custody case, will but will also help you receive the child support needed in order to effectively raise your children.

The divorce attorneys at Reinfeld & Cabrera P.A. will vigorously defend your interests in a child custody case, while remaining sensitive to your family and personal needs. We are experienced at developing parenting plans that contain schedules for divorced parents who are sharing the responsibilities of raising minor children. You want knowledge and experience on your side when it comes to choosing a divorce attorney on a child custody case.

Breaking Down The Probate Process

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For many people the probate process may seem like an overwhelming and daunting task. So the probate attorney’s from Reinfeld & Cabrera, P.A are here to make things easier.

To begin the probate process the executor of the decedent’s will must come forward with the will. If there is no will or an executor and the family cannot agree on one, then the court may assign an administrator. The executor or Personal Representative’s authority extends only as far as the decedent’s probate estate. An experienced probate attorney can clarify which assets qualify for probate. A Petition for Probate of Will and Appointment of Personal Representative’s as well as the decedent’s death certificate needs to be filed at the court clerk’s office. The court will then review the petition and an Personal Representative will be formally appointed. It is wise to have a probate lawyer assist with this process. Once this has been given the green-light the probate process can officially begin.

Step One: Probate Assets
All the decedent’s assets will need to be collected, inventoried and appraised. These assets include money owed to the decedent or estate such as life insurance or loans. Other assets such as real estate or valuable collections will need to be appraised by professionals and financial accounts such as stocks or bonds may need to be reviewed or sold in order to collect all the assets to be distributed.

Step Two: Paying-out
All debts and expenses must be paid. The Personal Representative is responsible for paying these expenses with the estate funds. Expenses will be paid usually in the following order:

  • Costs/expenses of administration (for example – attorneys or appraisers)
  • Funeral expenses
  • Debts and taxes
  • All other claims

The Personal Representative is in charge of reviewing all debts, bills or claims against the decedent. After reviewing all necessary documents and proof of claims the a Personal Representative then has the right to reject those which are deemed invalid and pay the ones that need to be paid. Rejected claims may be appealed by claimants within a particular time period; these cases may then need to be handled by probate attorneys.

Step Three: Distributing Assets
The remainder of the estate can be distributed to the beneficiaries as the will states, or as the administrator sees fit if not stated, or (in the case of no will) according to intestate law. A public announcement in a newspaper is required to be published stating that the estate is in probate to allow any remaining creditors to come forward. This is also the point in the process where those who want to dispute the distribution of assets can be heard.

Even though these steps may make the probate process seem a lot simpler and manageable than before, there are many technical and important details which can be explained when contacting an experienced probate attorney. The probate attorney’s at Reinfeld & Cabrera, P.A are uniquely qualified and experienced in the administration of the probate estate, they can either guide you or be the administrator.

Why Would You Use a Real Estate Attorney?

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Why would you use a real estate attorney like Reinfeld & Cabrera P.A. in Coral Springs? What with the complexity of real estate transactions being a tricky beast to navigate the assistance of a real estate attorney is invaluable.

Whether you are a new or seasoned homebuyer or seller, a real estate attorney such as Reinfeld & Cabrera P.A. will be able to assist you through the legal process of the transfer of ownership of property. A properly qualified real estate attorney will be able to handle issues concerning real property transactions. There are a myriad of real property transactions such as title searches, property transfers, condominiums and cooperatives, interval ownership, mortgage, zoning and land use planning, real estate development, real estate litigation, and determination of property rights. The list is endless with each case requiring the sort of attention only a trained professional can provide.

Drafting of documents is one of the fundamental tasks that a real estate attorney will perform. It is worth remembering that only a licensed real estate attorney can draft and revise these documents. From real estate conveyances, leases and rental agreements to purchase contracts and financing agreements the duty of a document drafter requires the critically trained eye of a real estate attorney.

As you might know the area of negotiations is not for the feint hearted. Owing to the level of training and experience of real estate attorneys such as Reinfeld & Cabrera P.A. it would be prudent of you to ask a real estate attorney to negotiate the terms and conditions of real estate deals on your behalf.

Litigation can become a complicated affair and while most real estate transactions proceed with relative ease, some transactions do result in complications that can only be resolved through litigation. Having the assistance of a real estate attorney should ensure that your real estate transactions continue smoothly. However in the unlikely event of real estate complications and litigation you would be in the safest of hands with an experienced real estate attorney from Reinfeld & Cabrera P.A. representing you.

A real estate attorney will also provide significant insight your real estate transaction review process. Owing to the well-rounded experience of the attorneys at Reinfeld & Cabrera we will identify any issues that you may not recognize in your real estate transaction. In other words you can regard us as your own personal real estate guardians skilled at ensuring that you don’t fall into any unseen legal traps.

Florida real estate laws are complicated and, as you can see, each real estate transaction is different. Do not hesitate to consult with a real estate attorney from Reinfeld & Cabrera P.A. on any of your real estate concerns.

What is Better, a Trust or a Will?

Posted on | by mP@

They say that the only thing in life that is certain is death and taxes. So when dealing with life’s certainties it is important to provide for those loved ones which are left behind. Consulting an estate and trust attorney from Reinfeld & Cabrera, P.A can help you decide whether a trust or a will is better for you and your needs. Here is a short guide to the differences between a will and a trust to hopefully help you with the process of estate planning.

What is a will?
A will is a written document, signed and witnessed, which sets out instructions for the disposition of your estate only at the time of or after the event of your death.

What is a trust?
A trust is a set of instructions which come into effect as soon as the trust is created which means that it provides property management during your life and/or after your death.

Differences between a will and a trust
Apart from the main difference that a will comes into effect only after death whereas a trust is in effect during lifetime and after death, there are many more things to think about when deciding between the two estate planning systems. Here is a list of some of the more significant differences which a trust attorney can explain in further detail:

  • A will and the property in the will is subject to the probate process; a trust and assets in the trust are not subject to the probate process. However, assets in both plans may be subject to federal estate tax and to state death tax.
  • Because a trust does not go through the probate process it may remain a private affair; a will goes through probate and therefore it becomes accessible to the public.
  • A will allows you to assign a guardian for your minor children; a trust allows you to control when and how your minor children, grandchildren and other dependents access your trust assets.
  • Often, the costs to set up and manage a trust can be much higher than setting up a will.
  • The assets in a will do not need to be managed; a trust can only plan for assets which have actively been transferred into the trust, therefore the assets in a trust need to be actively managed.
  • The actions of a trustee are not usually overseen by a court; the actions of an executor of a will are court supervised through the probate process.
  • Because a will is only effective after death, it does not allow for instances where the person becomes incapacitated through injury or illness; a trust provides a plan for the possibility of incapacity.

So, which is better?
Obviously both have their pros and their cons and if this breakdown of wills and trusts cannot help you decide which plan you should use, a qualified and knowledgeable trust attorney will be able to point you in the right direction and help you put together a comprehensive estate plan.

Have Peace of Mind During The Closing Process

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There are several good reasons why you should have a real estate attorney present during the closing process of a real estate transaction. Not only will a knowledgeable and experienced attorney give you peace of mind, they will also be there to help you in a number of different circumstances.

Most non-lawyers are not able to fully understand the language of the law. All of the paperwork during the closing process is written in “lawyer speak” and includes important information about paying or transferring taxes, as well as insurance. If you have any questions, you will need a real estate attorney present to provide clarification on the formal language of the paperwork and provide answers.

If a dispute arises during the closing process, you will want a real estate attorney to represent your interests. While you may think both yourself and the other party have come to terms with the purchase agreement, any number of disputes can occur at the closing. Disputes over the cost, the closing costs or when the buyer will take possession, are all common issues that come up during a closing. A knowledgeable real estate attorney will be able to represent your interests, using the law as backing.

Finally, real estate law can differ from state to state so you will want someone present who is well-versed in the state law of Florida. For example, a real estate attorney in Florida will be able to provide you with information about Florida’s homestead tax exemption – specific information about the state’s laws.

You never know when a dispute will arise, when you will have a question about the legal speak of the closing documents, or if you need to know information specific to the state of Florida at the closing process of a real estate transaction. That’s why you need to be prepared and have a real estate attorney, such as one of skilled attorneys at Reinfeld & Cabrera, P.A., on your side to represent your best interests.