Wills

A "Will" is a written instrument containing directions for how the property of the person making the "Will" (called the Testator) shall be divided upon his or her death. State law generally requires that the Will be signed by the Testator and by at least two witnesses who have no interest in the property passing under it. The Testator must state in the presence of the witnesses that the instrument is his or her "Will." He or she must also be competent (not insane, senile or mentally disabled) and not acting under duress or under the controlling influence of any person. A signed instrument purporting to be someone's "Will" is not officially recognized until the court having jurisdiction over the instrument declares it to be a valid "Will" after examining it and the circumstances surrounding its execution.

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Life Estate Deeds

A "Life Estate" deed allows the owner to retain the right to continue the use of the property (live in the house) for the rest of his or her life, and leave the property directly to another person (referred to as the "Remainderman") upon his or her death. Use of such a deed will "avoid probate" but also creates an irrevocable gift to the "Remainderman."

Powers of Attorney

A "Power of Attorney" is a legal document delegating authority from one person to another granting that person the right to act on behalf of the maker of the "Power of Attorney." A person giving a "Power of Attorney" can make it very broad or can limit the "Power of Attorney" to certain specific acts.

A "Durable Power of Attorney for Health Care" is used to provide authority to a person, in whom you have the utmost trust and confidence, to make decisions regarding health care treatment when you are unable to provide informed consent.

A "Durable Power of Attorney for Property" enables you to authorize a person to act in your place and stead in the event of your incapacity; this "attorney-in-fact" can manage your financial affairs without the need to have intervention by the courts.

Probate

Probate is a legal process during which the Will is validated; the assets of the deceased are inventories; and all debts, creditor claims (including applicable lawsuits) and taxes are paid. Then, once it is determined who is entitled by the probate proceedings, the remaining assets that were left in the Will are distributed to the named beneficiaries and heirs.

The probate process ius generally overseen by a representative, if there is a will, or by a court, and a court appointed personal representative, if there is no will. Probate can take anywhere from four months to a number of years to be completed, depending on state laws and varying circumstances.

Because of the legal complications that may arise in the probate process, many people try to put together their estate plans so as many assets as possible pass directly to their intended heirs. To assure your estate is distributed according to your wishes and to avoid as many legal complications as possible through the probate process, consult with an estate planning attorney in your ares to formulate the best plan for your needs.

We handle Probate matters throughout Florida and most of New York

If you have any questions, please feel free to contact us.

Real Estate

Our firm has successfully guided clients through a wide variety of residential and commercial real estate transactions, including contracts, closings, lease agreements, title examination and other real estate and business related activities. Our firm can assist you with a real estate purchase transaction from start to finish. We are capable of drafting the real estate purchase agreement, reviewing the title work, obtaining title insurance, and performing the real estate closing.