What is Probate Litigation?
Basically, in a nutshell, someone is challenging a Will, Trust or Intestate estate. For example, our law firm was recently hired by a family member because they believe their family member’s Will was Invalid.
If you believe that a Will/Trust was invalid contact us immediately. With office locations in Coral Springs and Fort Lauderdale, we will be happy to sit down with you and discuss your case. 954-334-1520.
As an Probate Attorney in Coral Springs, my firm deals with all types of deeds.
Life Estate Deeds:
With a “regular” life estate deed, the owner of the real estate makes a gift of the property to beneficiaries, called remaindermen. The owner retains a life estate in the property as long as he is alive. He is responsible for all maintenance and taxes on the property. The life tenant cannot mortgage or sell the property during his/her lifetime without the permission and “joinder” of the remaindermen. The life tenant effectively gives the property away—and unilateral control of the property—during his/her lifetime, unless the remainderman join into the transaction.
Ladybird Deed
With an “enhanced” life estate or Lady Bird Deed, the owner of the part of real estate, the “life tenant and Grantor” retains complete control over the property during his/her lifetime. He/She has the right to mortgage or sell the real estate without the consent of his/her remaindermen named in the deed because they have not actually given the property to them yet. The property doesn’t transfer until the death of the life tenant. Once the life tenant passes away, the property is automatically transferred to the beneficiaries avoiding Probate.
If you would like to know more about Ladybird Deeds and how to avoid Probate, call our office today 954-334-1520. Our main office is located in Coral Springs, Florida. We offer free initial consultation, by phone or in person.
The Five W’s of Trusts (What, Who, Why, Where, and When)
Since my last article, people have been calling my office and inquiring on what a trust is and its potential benefits. As a result, I have decided to focus this month’s article on answering, what I like to call, the 5 W’s of a trust.
1) What: a trust is a legal document that transfers property during or after a person’s lifetime for the benefit of someone. The 2 most common types of trusts are: A Revocable and an Irrevocable Trust. A revocable trust can be changed or altered at any time by the creator or creators of the trust during his or her lifetime. In most circumstances, an irrevocable trust cannot be altered or changed.
2) Who: a trust can be made out for the benefit of any person that you may want, including young children, your spouse, a friend, or your parents.
3) Why: a trust can automatically transfer property without the use of a will or the need to go to court. Additionally, the use of a trust is usually faster than that of a normal will in transferring property and title as well as it helps avoid the lengthy process of probate in courts. A trust also has the following benefits: it secures your property for the benefit of your beneficiaries, it protects the property from claims from creditors while in the trust, and it also ensures your privacy (as a trust does not become a public record like a will does). Some trusts may even better your tax status with certain trusts if you fall above the taxable exemption.
4) Where: a trust can dispose of property anywhere, so long as the local law of where the property is located is followed and the property is properly titled in the name of the trust.
5) When: a trust can be created today with the help of our attorneys.
A trust is a very important document for the preservation of your property in the event of death or incapacitation. There are many factors to consider in creating a trust document and only a licensed attorney can walk you through the fine details of both the creation and the proper funding of a trust. The Coral Springs Probate Attorneys at Reinfeld & Cabrera, P.A. have experience in creating trusts and can formulate a trust to meet all your needs. Call us now to schedule a free initial consultation and to discuss our special rates. We are your Coral Springs lawyers. We offer legal services in Coral Springs, Tamarac, Margate, Fort Lauderdale, Coconut Creek, Pompano Beach, Deerfield Beach and Surrounding areas.
Important Estate Planning Definitions by Coral Springs Estate Planning Attorney
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. My best comparison is a trust is almost like a company, one you manage while your alive, and if your become incapacitated or die, it can be managed by your successors according to your instructions.
What is Probate?
The probate process takes place after someone passes away. Its primary purpose is to ensure your loved one’s assets transfer to the proper beneficiaries.
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 tools. 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.
•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 or old age; a trust provides a plan for the possibility of incapacity.
So, which is better for your family?
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 in Coral Springs will be able to point you in the right direction and help you put together a comprehensive estate plan.
Call our Coral Springs Probate attorney today! 954-334-1520.
Estate Planning Attorneys in Coral Springs: The Basics of Estate Planning in Florida
If you have recently moved to or have always lived in Florida our trusted estate planning attorneys in Coral Springs at Reinfeld & Cabrera, P.A. are here to tell you more about the basics of estate planning in Florida. The last thing you generally think of when deciding to retire in Florida is estate planning and sourcing estate planning attorneys. In Coral Springs you could easily spend your golden years playing golf, sunbathing on the beach, having the grandchildren visit, and quite simply enjoying your retirement. However an important consideration that is all too often overlooked is what will happen to your property without proper estate planning? Attorneys in Coral Springs all agree that proper estate planning is crucial, but where do you begin? As experienced estate planning attorneys in Coral Springs, we have listed the 5 basic documents that you will need to help look after your future.
#1. A Will:
The basic principle of a will is that it gives you the ability to leave your property to whoever you choose when you die. Without a will, your property will be distributed according to Florida law or the law of whatever state your estate may be opened in. This document is also able to simplify the probate process through you being able to appoint a personal representative or executor of your will.
#2. A Living Will:
A living will is the document that lays out instructions specifies what should happen while you are dying. It details things such as artificially provided food and water, intensive care, artificial respiration, and whether you would like to receive pain reliving medication. Most importantly a living will also states whether you want to be resuscitated or not.
#3. Health Care Surrogacy:
This document gives someone else the ability to make medical decisions for you should you be incapable of making those medical decisions yourself. It is broader than a living will, as it covers you during periods where you may not be dying but are still unable to make medical decisions.
#4. Durable Power of Attorney:
A durable power of attorney gives a representative the power to manage your business affairs if you are unable to. A common misconception is that because a spouse is named as co-owner of bank accounts and is named on the deed to your house, you don’t need a durable power of attorney. However it is important to remember that your spouse cannot sign contracts, deeds, tax returns etc even though they are named as co-owner on an account thus it is prudent to have a durable power of attorney.
#5. Pre-Need Guardianship Designation:
This document gives you the ability to name a guardian to take care of you and your needs should you find yourself in the position of not being able to take care of yourself and a court case is brought against you.
To begin your estate planning process make sure to give the estate planning attorneys at Reinfeld and Cabrera, P.A. a call today!
As experienced contract attorneys in Coral Springs, we at Reinfeld & Cabrera, P.A. have often been asked to explain the differences between operating agreements and franchise agreements. We know that opening a new business is scary enough without the help of contract attorneys, but Coral Springs really offers a wealth of opportunity for new business owners. However, without the guidance of reliable contract attorneys in Coral Springs, you could find yourself in a mass of confusion such as in understanding the differences between operating agreements and franchise agreements.
Despite the fact that both operating agreements and franchise agreements are used to structure the function and responsibilities of businesses and business owners, these documents are actually used in very different circumstances.
Operating Agreement:
An operating agreement is an essential document in the formation of a Limited Liability Company (LLC). Owing to the fact that an LLC is a flexible form of business with the ability to be created in many different ways, an operating agreement is crucial to the company formation as it is the document that clearly defines with whom the responsibility of the company sits. The operating agreement lists the members of the company, as well as specifies the internal operations of the company. In doing this, the operating agreement is able to provide the information on who has authority for various roles and how this authority can be modified. One of the primary uses of the operating agreement in an LLC is for protection and clarification. It is able to provide listed business members protection from personal liability, thus shifting liability for business actions onto the business instead of the members. Not only does an operating agreement provide protection but it also clarifies verbal agreements and makes sure that all state regulations are met.
Franchise Agreement:
Although a franchise agreement may seem similar to an operating agreement in many ways, there are a number of important differences to take into account. While an operating agreement provides business structure and member information, a franchise agreement, on the other hand, is a contract between a franchisee and a franchiser. A franchise is a binding document, wherein the franchisee is given the ability by the franchiser to use the franchise name, trademarks and assistance that is attached to it, for the purposes of starting a new business. Two other important distinctions between the operating agreement and franchise agreement are the obligations and division of fees sections found only in the franchise agreement. The division of fees section stipulates the division between which business fees the franchiser must pay and which the franchisee must pay while the obligations section contains the information regarding 1. Obligatory franchiser assistance provided to the franchisee; and 2. Amount of profits that the franchisee is to pay the franchiser
When it comes to operating agreements and franchise agreements, you would be well advised to contact practiced contract attorneys in Coral Springs – such as Reinfeld & Cabrera, P.A. – to ensure that your best interests are taken care of when forming a new business. Contact us today for your free initial consultation.
As experienced probate attorneys in Coral Springs we at Reinfeld & Cabrera, P.A. have often come across 5 probate myths that people are convinced are true. As all good probate attorneys in Coral Springs will tell you estate planning is a serious business and essential if you are concerned about what will happen should you become incapacitated or pass away. However it seems that thanks to these 5 probate myths, proper estate planning is often overlooked as costly and unnecessary. That is why we at Reinfeld & Cabrera feel compelled, as trusted probate attorneys in Coral Springs, to make sure you are not falling victim to these top 5 probate myths.
#5. I already have an estate plan and don’t need to think about it again.
This is a constant source of frustration for probate attorneys in Coral Springs. Your estate plan needs to be monitored and updated every time you have a major life change such as divorce, marriage, birth etc. Ideally you should consult with your attorney every four or five years to discuss changes in your circumstances that could affect your estate plan.
#4. There is no need to make my spouse a beneficiary.
Couples tend to assume that if one spouse dies, the other will simply continue living with all the assets in their estate, and that all the assets of the deceased spouse will automatically go to the living spouse. There are so many factors that influence how this works, such as how your assets are titled; and whom you have named as the beneficiaries of your life insurance and retirement accounts. Furthermore if you die without a will, what is left of your estate will be divided between your spouse and your children. This could create issues especially for spouses who are financially dependent on each other or have children from other marriages.
#3. Death Taxes.
As probate attorneys in Coral Springs we have often heard estate tax referred to as unfair “death tax”. When it comes to federal estate tax did you know that there is a $5 million+ federal estate tax exemption? Thanks to this exemption it is estimated that less than 0.10% of estates will be subject to federal estate taxes. When it comes to state estate taxes most states actually impose their own estate tax, which is significantly less then the Federal Government exemption. However, in the state of Florida, the estate tax is not assessed and no portion of what is bequeathed in a will or a trust to an individual will go to the state.
#2. Probate – no problem!
If you live in Florida, this is simply not true! Without the help of a probate attorney your family and loved ones will be left to navigate a gauntlet of complicated probate procedures and be at the mercy of a probate judge who does not know you or your family.
#1. Estate planning is for the rich.
Unless you live in a cave with not a penny or asset to your name you will need an estate plan. An estate plan does not have to be expensive. By speaking with a knowledgeable probate attorney, such as Reinfeld & Cabrera, P.A. you will be able to structure an estate plan that will best suit you and you family’s needs.
When it comes to estate planning, one should always be aware of the possibility of losing control with joint ownership. At Reinfeld & Cabrera, P.A. we want you to understand that while joint ownership may have some important benefits, there are some aspects that can cause a lot of problems later on.
Joint ownership, also known as joint tenancy, with right of survivorship is the most common form of joint ownership. For example, in most marriages most assets are owned jointly. Joint ownership with the right of survivorship is different to other types of joint ownership with one important defining feature – if one partner in the joint ownership dies, ownership is automatically transferred to the other partner(s). This can be seen as both a blessing and a curse. It is a blessing because property shared through joint ownership does not undergo the probate process, thus eliminating some major expenses. The only exception is if there is no other partner for the property to go to (if, for example, both die at the same time or if the last owner does not declare another joint owner before their death) in which case the property will be subject to the probate process.
The real problem comes in with the fact that property transferred through joint ownership to any remaining partners is not controlled by any wills because transfer of property takes place immediately upon death. The asset is now completely under the control of the surviving owner/s and they can do whatever they please with it. This could result in you unintentionally disinheriting your own family. This happens most often when siblings are in joint ownership. If one dies the property will not be inherited by his family regardless of what his will may say, exceptions may apply. But when the second/last owner dies the property will then be inherited by her family. Scenarios like this can happen to any family (even blended families with children from separate marriages for example) and are becoming an ever-increasing problem.
Some other problems that may occur with joint ownership include gift and income tax, the increased risk of being named in a lawsuit and of losing the asset to a creditor, limiting your tax planning options, the difficulty of removing unwanted co-owners, the court becoming a “new” co-owner if your partner becomes incapacitated etc.
While the benefit of avoiding probate may be a big draw card to many people, an experienced attorney will always make your aware of any potential dangers and how you can avoid them with proper estate planning. Call Reinfeld & Cabrera, P.A. today for a free estate planning consultation to see how you can avoid losing control of your assets.
At Reinfeld & Cabrera P.A. we understand that many of our clients may have concerns when it comes to estate planning and incapacity. There are many things one needs to take into consideration when drawing up a will – the effects of incapacity should definitely be one of those considerations.
Incapacity is when a person reaches the point where they can no longer take care of themselves or handle their financial affairs. This can happen at any time to any person and causes may include things such as heart attacks, strokes, dementia or injuries from an accident. Incapacity becomes a big problem especially when your signature is needed – like to sell/refinance assets to pay for expenses or to withdraw savings. In some cases you may still be able to sign your name but other people might think that you are unable to make sound decisions.
While going through the estate planning process, many people may think that a will is all they need, but a will does not deal with incapacity. A will only goes into effect after a person has died. It is a common mistake to think that the executor of your will can automatically step in to take care of your affairs in the case of incapacity. This means that many people will lose control of their assets and end up under the court’s supervision even before they die because they have no legal document that covers them in case of incapacity. Family, friends or your executor cannot sign for anything for you and, regardless of you having a will or not, they will have to petition the court to declare incompetence and to appoint someone to act on your behalf.
So what actually happens when the court gets involved? Firstly, there will be a public hearing to determine your competency. This will mean that any records used in court and all proceedings will be open to the public. The proceeding can become very expensive as court costs, lawyers fees, examinations and testimonies from qualified physicians, bonds and auditor fees can add up quickly. Then if the court declares you incompetent you will lose most of your rights as a citizen and you and your family will lose control of your assets and finances. The court will appoint someone to handle your affairs for you – this person is not necessarily someone you know or even like and will most likely be a professional guardian who is a complete stranger. This process can be very time consuming because the court appointee has to keep detailed records, report all expenses to the court (who oversees all your financial affairs) and post bond.
It is important to keep all of this in mind when seeing a lawyer regarding estate planning. At Reinfeld & Cabrera, P.A. we do our best to make sure that our clients are covered for every possibility and that you always remain in control of your affairs.
We at Reinfeld & Cabrera P.A. believe that planning ahead for minors during your estate planning process should be one of your top priorities. When it comes to estate planning there is a misconception that by simply naming a guardian for your minor children/grandchildren in your will, the named guardian will automatically be able to use the inheritance to look after your minor children/grandchildren. However, owing to poor estate planning, often this is not actually the case. Proper estate planning is crucial when it comes to planning ahead for minor children and grandchildren.
In order to ensure that you have properly planned ahead for your minor children and grandchildren during your estate planning process, you need to understand what happens after your death when your will is probated. When a will is probated the court will set up a guardianship for minors and appoint a guardian to care for and raise them. While a court will generally appoint the person named in your will as guardian, it could appoint someone else. In the case of divorced or separated parents courts tend to prefer to appoint a natural parent as guardian despite someone else being named in the will. This becomes incredibly important when you take into account the fact that many courts often do not have the resources to monitor all guardianships, leaving it up to a potentially unsupervised guardian to access your child or grandchild’s inheritance.
In order to avoid this there is the option of setting up a children’s trust however you must remember that your assets will only fund this type of trust after your will has been through the probate process. This could become an issue should the assets be depleted after the probate process and once expenses have been paid as there may be too little left to provide for your minors as you had planned. Furthermore, if you become incapacitated owing to illness or injury, your children’s trust cannot go into effect while you are still alive. Because you will still be alive your will cannot be probated and instead your children will probably be placed under the control of the courts.
Something else to bear in mind is that if you out rightly leave titled assets to a minor, make a minor joint owner, or give a titled asset to a minor you could be unintentionally be creating a court guardianship. This is owing to the fact that cannot conduct business in their names even though they can be on a title. Another way of unintentionally creating a court guardianship is by listing a minor as a beneficiary on something like a life insurance policy, retirement benefits or IRA. Institutions that pay beneficiary proceeds will not knowingly pay large sums to a minor, as they do not want the legal responsibility attached to this.
Please keep in mind this article does not address homestead concepts which might involve parents with minor children. This is discussed on a case by case basis.
As you can see there are a number of things that you need to take into account when planning ahead for minors during your estate planning process. For these reasons, we recommend contacting an experienced estate planning attorney – such as Reinfeld & Cabrera P.A.
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