What is Intestate Succession Law?

Intestate-Succession-Law

In Florida, dying without the proper estate plans in place means that your estate will be subject to intestate succession law. What is intestate succession law? This means that assets that you own by yourself, will be left to relatives under this law, in the absence of your wishes being formally laid out in a will, or if a will is found to be invalid. A decedent is the person who has died.

Within intestate succession law, the entire estate of a decedent is left to the surviving spouse, if the decedent has no surviving children, or any lineal descendants. A lineal descendant can include children, grandchildren, and great grandchildren, of the decedent down the generational line. Also, if the decedent and the surviving spouse only have children that they share together, and no other descendants, then the entirety of the estate will be left to the surviving spouse.

Within intestate succession law, a surviving spouse will receive one half of the decedent’s estate, while any lineal descendants of the decedent, but who are not also descendants of the surviving spouse, will share the remaining half of the estate. Any lineal descendants of the decedent will share the estate if there is no surviving spouse.

If a decedent has no surviving spouse, or any lineal descendants, then intestate succession law sees the estate pass to lineal ascendants, which includes parents and grandparents, and to collateral relatives, which includes siblings, aunts and uncles.

The intestate succession law in Florida only applies to assets in the estate that would normally be left in a will, but does not apply to other assets, such as property transferred to a living trust, property that is jointly owned, and funds in a retirement account, just to name a few. These particular assets will be left to the named beneficiary, regardless of whether or not you have a will to allocate the other assets in your estate.

Unless you want your estate to fall under intestate succession law in Florida, it is best to have your estate plans laid out in legal documents.

Pet Trusts in Coral Springs

Pet-trusts-in-Coral-SpringsPet trusts in Coral Springs – the smart move in protecting your loved ones.

Setting up pet trusts in Coral Springs is one of the most important decisions you, as a pet owner in Coral Springs, can make for the well being of your pets.

In the event of your death have you made plans for the most vulnerable members of your family? You are all the family that your pet has to rely on. That is why together with the help of Reinfeld & Cabrera, P.A. you can ensure, by setting up a Pet Trust, that your beloved pets will want for nothing should they be orphaned.
Pet Trusts in Coral Springs is governed by the Florida Pet Trust Statute 737.116 Trust for care of animal. Although it is a relatively concise provision we at Reinfeld & Cabrera, P.A. have decided to decode the legalese of the statute governing Pet Trusts in Coral Springs and give you the most important factors to consider when writing up a pet trust.

Factor 1: Choosing your caregiver.
The number one essential decision when setting up pet trusts in Coral Springs is choosing the right caregiver. This is the person who will be stepping into your shoes as surrogate parent to your fur kids. Bearing in mind that the responsibility of a pet is enormous, make sure to choose someone who you know will have your pet’s best interests at heart. It is also extremely important to name an alternate caregiver should your first choice caregiver be unable to accept the responsibility.

Factor 2: Appointing a trustee.
A trustee is the person (or corporation) who you will rely on, to properly administer your pet’s trust. The trustee will have the responsibility of making sure that your chosen caregiver is really giving your pet the protection and attention it deserves.

Factor 3: How much will your pet need?
The next crucial consideration in setting up pet trusts in Coral Springs is deciding how much you will need to set aside for the continual wellbeing of your pet. This will vary depending on your individual standards however here are a few things to think about:

  • The type of pet (dog, cat, iguana, bird etc)
  • How long your pet could live
  • The lifestyle you want your pet to have (this includes things like travel expenses, food, Insurance, toys & treats, recreational activities and pet-sitting)
  • Potential medical costs for your pet

There are many more things to think about but deciding on the above three factors is the first step in the right direction to creating pet trusts in Coral Springs. Understandably all this information can be overwhelming and that is why we at Reinfeld & Cabrera, P.A. are here for you to rely on when setting up your pet’s trust in Coral Springs.

Plan Ahead for the Unexpected

Business Trust Attorneys in Coral Springs

One of the best reasons to secure business trust attorneys in Coral Springs is probably for reasons you don’t even know about yet. Planning ahead for the unexpected is so valuable for businesses and could ultimately save your company a lot of time and money down the line.

The business trust attorneys at Reinfeld & Cabrera, P.A., in Coral Springs, recognize the value in planning ahead. Everyone wants their business to be as successful as possible, and making sure you have planned ahead for the future will help you achieve that success, as well as make sure you are prepared to pass along your business or family wealth in the future.

An important part of the estate planning process that the business trust attorneys in Coral Springs perform is setting up business trusts. This will help to avoid future probate and trust litigation. You want to know that your business interests are covered for any future possibility. Our experienced attorneys will help make sure you have planned accordingly.

Setting up a trust allows you to put conditions on the distributions of your assets, as well as the timing of the distribution, after you pass away. It also allows for the distribution of your assets to go to your heirs without the necessity of probate court, saving your heirs costs, as well as time. Business trust attorneys in Coral Springs know to use a trust as an instrument to transfer assets, without the creator of the trust having to give up all control.

A business trust can also direct the operation of a business in case something happens to you, the original trustee, if you become incapacitated.

A business trust attorney can set up the trust in ways that allow an heir to have power to control assets once they reach a certain age, with a trustee delegated before the heir reaches the specific age. A revocable trust allows the creator of the trust to end the legal document at any time, while an irrevocable trust ends only at a set time, such as when the beneficiary dies.

The business trust attorneys in Coral Springs will also tell you that a business trust gives your family, or your heirs, more privacy upon your death, than if your assets and wishes were only laid out in a will. A will is a matter of public record and would detail a list of assets for the court, whereas a business trust is not a matter of public record.

To hear all about what estate planning you should consider for your business, please consult with the business trust attorneys at Reinfeld & Cabrera, P.A. in Coral Springs. We will help you prepare for the future and make sure you have covered all your bases.

The Proper Execution of a Will

estate planning living willWhile you can probably go to a book store and purchase your forms to create a will yourself, it is best to hire wills and trusts attorneys in Coral Springs to perform the proper execution of a will. Estate planning can be a complicated matter and if you want to make sure that your estate is taken care of exactly how you wish, then it is best to let professionals create your will.

A legal will is created to help you direct the distribution of your assets after you die, whether that means your business, property, cars or items that you own. Florida law requires that you pay off all of your outstanding debts through the probate process after you die. Following this procedure, wills and trusts attorneys in Corals Springs will be able to designate leaving your remaining assets to anyone you choose.

A wills and trusts attorney in Coral Springs can help you create the legal document that names a personal representative for your estate. If you do not name such a person, the court will appoint one for you, so it is always best to choose a trusted person for the job. We can also help you legally name a guardian for any minor children and make any gifts you wish to make upon your death, such as to a charity.

You especially will want to consult with a wills and trusts attorney from Reinfeld & Cabrera, P.A. in Coral Springs if you feel that your will might be contested following your death. Also, it is valuable to have a trusted wills and trusts attorney whenever you need to make any changes or revoke a will.

Consulting with a wills and trusts attorney in our Coral Springs office will help you make important decisions about the probate process and where the tax burdens associated with your assets will lie, following your death. Don’t try to do this complicated legal document on your own. Have a professional help you with the proper execution of a will and you can rest assured that your wishes will be carried out as you have planned.

Avoiding Probate

probate-attorneys-in-Coral-SpringsThere are many reasons to hire probate attorneys in Coral Springs while planning for your estate. But one of the best reasons to hire these experienced attorneys is to help your future heirs avoid having to pay tax on their inheritance and also be forced to pay to hire a probate attorney to handle the matter. The best way to handle Florida’s complex probate laws is to have experienced attorneys handling your affairs.

In addition to being expensive, the probate process can also be very time consuming for your heirs, not to mention convoluted and confusing. Probate attorneys at Reinfeld and Cabrera, P.A. in Coral Springs, will help you and your family avoid the probate process by putting the necessary planning in place for your estate.

Probate attorneys in Coral Springs, and throughout the state, will tell you one way to avoid probate for an asset is to create a living trust, which names someone as a trustee upon your death. After you pass away, the assets named in the living trust will be controlled by the terms of the trust, with the assets being transferred to the trustee and avoiding the probate process.

Another way for your assets to avoid the public probate process is when you jointly own rights of survivorship the asset with another surviving person. The probate attorneys in Coral Springs will tell you that when an asset is jointly owned with rights of survivorship and one of the owners passes away, the asset is automatically owned by the surviving owner. There will be no probate proceedings in this case, either.

There are other ways that your estate plans can help you and your family avoid the probate process after you pass away. Probate attorneys at Reinfeld & Cabrera, P.A. in Coral Springs are experienced probate attorneys who will look at your specific situation and help you plan accordingly. You will be able to rest assured that your estate will one day benefit your family, as opposed to putting them through the probate process and the stress that can come with that.

When is The Best Time to Plan Your Estate

The estate planning attorneys in Tamarac want you to know that it is never too early to think about planning your estate. While the attorneys at Reinfeld & Cabrera, P.A., understand that many people think they don’t have enough assets to worry about estate planning, we want you to know that everyone should have legal documents in place following your death.

These documents, as prepared by estate planning attorneys in Tamarac, will legally dispense the assets of your estate upon your death, whether that means deciding who will have your business, your home, your car, or can even raise your children. In addition to dispensing your assets according to your wishes, proper estate planning will also help significantly reduce the taxes that need to be paid, following your death, allowing those you love to get a larger inheritance than if you hadn’t made the proper arrangements.

If you have children, in addition to worrying about dispensing your assets once you have passed away and trying to save your loved ones money by avoiding or preparing for probate, you will also need to legally name a guardian for any children who are still minors. This is often a difficult decision for parents and your estate planning attorneys in Tamarac will help you once you have decided who will care for your children, should anything happen to you.

Regardless of the complexity of your estate, or the amount of your wealth, the estate planning attorneys in Tamarac will walk you through the necessary planning needed to take care of your specific situation. Without having planned properly, your estate and any issues related to settling your estate, will be decided by state law and the court system. This could result in decisions that are not what you wanted or intended, but without the legal documents in place to protect your estate, the decisions will be left up to a judge.

Don’t let this happen to your family and your estate. Plan properly today and prepare for the future. Let the estate planning attorneys in Tamarac help you.

Summary Administration and Formal Administration

probate-administration

When making sure your estate planning is in order and preparing your estate for the probate process, it is important to consider both summary administration and formal administration.

Probate proceedings are the way in which your estate is processed through the legal system after you have died. There are generally two parts of the probate process – one part is the paying off debts and the second part is the transferring of your assets to beneficiaries. Depending on these specifics of your estate, you will enter into either summary probate administration or formal probate administration.

Summary administration, in the probate process, refers to when the assets of a person’s estate are less than $75,000, excluding property, and all creditors have already been paid. A judge usually determines if the will left by the deceased is valid. If it is deemed valid, the estate is administered as to the deceased’s wishes. The summary administration probate proceedings generally take between four to six weeks.

Formal administration, in the probate process, refers to the process when you have creditors and they are given a period of time where they can file their claims, noting the debts you have left behind. During the formal administration, these debts will be paid and then the balance of the money will go to the beneficiaries of the estate. This formal probate administration process usually takes between four to six months.

Certain properties, such as cars and homesteaded residences are exempt from the probate process and may also require special proceedings to transfer them.

The attorneys at Reinfeld & Cabrera, P.A. will help you plan your estate and prepare for the probate process, whether your estate would enter into summary administration proceedings or formal administration proceedings. We will provide you with a personalized approach to the probate process, offering expert counseling and guidance along the way while preparing your estate, and to your family while going through the probate process.

Differences Between Will and Trust

Differences Between Will and Trust

When you are getting your estate in order and doing all of the necessary planning, it is imperative you work with someone you can trust to can explain to you all of the complexities in the estate planning process, such as the differences between a will and a trust.

The estate planning that happens at the law offices of Reinfeld & Cabrera, P.A. involve a counsel of professional advisors who have knowledge of and understand your goals and concerns, know of all of your assets and are familiar with your family structure. This group can consist of your lawyer, accountant, financial planner, and banker, just to name a few.

After you pass away, you want to make sure your estate planning covers the transfer of your property, as well as a variety of other personal matters. Both a will and a trust are important estate planning tools and whether you should establish a will or a trust, or both, depends on different factors.

A will goes into effect after a person dies. This document generally names a person to carry out the wishes of the person who made the will, and also names who will receive the person’s property. A trust, on the other hand, is in effect as soon as a person creates the trust as part of their estate planning. With a trust, property can be appointed to someone before the person dies, when they die, or even dated at a specific time following the death. A trust is an arrangement where a person, also called a trustee, holds property for the good of a beneficiary.

A good estate planning team will also explain to you that another difference between a will and a trust is that a will needs to pass through probate and will become public during this process. A trust can often save time and money as it does not need to go through the probate process, keeping the trust information private.

Reinfeld & Cabrera, P.A. can help you with your estate planning and further explain the differences between a will and a trust. We can make sure we set up exactly what is needed for your specific circumstances, ensuring that your estate is cared for in the manner you wish.

Employing The Right Business Trust Attorneys

employing-the-right-business-trust-attorneys

When you are looking for the best business trust attorneys to create a trust for your company, look no further than Reinfeld & Cabrera’s Coral Springs office. We have the experience and knowledge to draft the right type of trust for your specific situation that will leave your business covered for the future.

We provide a personalized and comprehensive approach to business trust creation and administration, helping to establish the financial structure of your property before the probate process. Business owners will benefit from the counsel of our business trust attorneys in Coral Springs, and it will give peace of mind to know that the company you have grown and built, will be properly taken care of after your death.

A business trust involves preparations that see a settlor (the creator of the business trust) name a trustee, or multiple trustees, to manage the business assets on behalf of a beneficiary. The business trust attorneys in Coral Springs will walk you through the business trust process, explaining the benefits of creating this arrangement for your company.

After the creator of the trust has died, the assets of the trust will go directly to the named beneficiaries, avoiding the probate process. These funds from the trust are also exempt from estate taxes, making the establishment of a business trust an important part of many people’s estate planning. Business trusts also protect if the owner becomes incapacitated and needs someone to run their business and preserve the company while they are incapacitated.

Don’t leave your business unprotected. Plan for the future with the help of business trust attorneys in Coral Springs. We will help you set up a business trust that will see all of your hard work protected for the day you are no longer here to take care of your business. Let us establish a business trust that works for your particular situation.

Understanding The Estate Planning Process

estate planningNo one wants there to be arguments over or problems with their estate after they pass away…that is why you need to secure an estate planning attorney in Coral Springs now. Making sure that you have the right attorney planning your estate will mean that the process goes smoothly after you pass, with your estate being handled as per your wishes.

Whether you are a young family with children, or are a retiree or a business owner, our estate planning attorneys at Reinfeld & Cabrera in Coral Springs will help you draft an estate plan that works for your specific situation.

We will prepare your will or trust, including living trusts, in order to control the disposition of property after you are deceased and for your estate to avoid the probate process. Our estate planning attorneys will also protect against incapacity during your life, if that is an issue you would like to protect yourself for in advance. While our estate planning attorneys will be pleased to help you in our Coral Springs offices, we also serve clients throughout the South Florida area.

A common misconception about estate planning is that if you don’t own a big home or business, or have many expensive items to your name, then you don’t have an estate to worry about. However, the term estate refers to everything you own when you pass away, including all bank accounts and any assets. Everyone needs to have an estate plan in place. Estate planning attorneys in Coral Springs will help you prepare the appropriate documentation to leave your assets to your chosen beneficiaries.

If you do not use an estate planning attorney in Coral Springs and choose to not prepare a will or a trust, then the state will determine who gets yours assets…whether the result is what you wanted or not. It is best to plan for the future and have your wishes legally documented.

Reinfeld & Cabrera, experienced estate planning attorneys in Coral Springs, will help you to ensure your wishes are carried out after you pass away.