Boynton Beach Probate & Estate Planning Attorney
At the Law Offices of Larry E. Bray, P.A., we have devoted more than 25 years to helping Boynton Beach families manage a wide range of legal matters. Whether you are creating an estate plan to protect your family or going through the probate process, we have the tools you need to move forward with confidence. Contact our Boynton Beach probate & estate planning attorneys today.
Probate & Estate Planning Attorney Serving Boynton Beach Families
Too many people see estate planning as a tool for someone else. They think it is for the rich, or the elderly, or the sick; but not for them. On the contrary, creating a comprehensive estate plan is a vital step toward protecting yourself and your family in the event of the unexpected. No matter if you are just starting out with a new family, or ready to retire and concerned about your assets, estate planning tools can give you peace of mind that your most vital interests are protected.
We assist Boynton Beach families with a range of estate planning matters, including:
- Drafting a last will and testament
- Creating legal trusts
- Drafting advance directives
- Probate administration for local and out-of-state families
- Estate tax planning
Whether you have a large estate or are just getting started building your net worth, we can assist you in building a plan customized to your unique needs.
Florida Probate Law
Probate is the legal process through which the assets and debts of a deceased person are distributed to their heirs or beneficiaries. In Florida, probate is overseen by the probate court, which is a specialized court that handles all matters related to wills, estates, and trusts. The purpose of probate is to ensure that the wishes of the deceased are carried out and that their assets are distributed fairly.
In Florida, there are several types of probate proceedings, including formal administration, summary administration, and ancillary administration. Formal administration is the most common type of probate and is used when the deceased person had a will or when their estate is valued at more than $75,000. Summary administration is used when the estate is valued at less than $75,000 or when the deceased person has been dead for more than two years. Ancillary administration is used when the deceased person owned property in Florida but was a resident of another state.
During the probate process, the court will appoint a personal representative, who is responsible for managing the estate and distributing its assets. The personal representative is usually named in the deceased person’s will, but if there is no will, the court will appoint one. The personal representative’s duties include identifying and inventorying the assets of the estate, paying any outstanding debts, and distributing the remaining assets to the heirs or beneficiaries according to the terms of the will or Florida law.
It is important to note that the probate process can be time-consuming and costly, and it is often in the best interest of the deceased person’s family to consult with an experienced probate attorney to ensure that the process goes as smoothly as possible. Additionally, there are certain assets that are exempt from the probate process in Florida, such as jointly-owned property, assets held in a revocable trust, and assets with designated beneficiaries. Understanding the probate process and exemptions in Florida can help families navigate this complex legal process with greater ease and efficiency.
Florida Estate Planning
Estate planning is the process of preparing for the transfer of a person’s assets and wealth after their death. In Florida, estate planning is important for everyone, regardless of the size of their estate. Proper estate planning can ensure that a person’s assets are distributed according to their wishes, minimize the tax burden on their heirs, and provide for their loved ones in the event of their death.
One of the most important components of estate planning in Florida is creating a valid will. A will is a legal document that outlines a person’s wishes for the distribution of their assets after their death. In Florida, a will must be signed in the presence of two witnesses, and the witnesses must also sign the document. A properly executed will can provide clear guidance for the distribution of a person’s assets and can help avoid disputes among family members.
Another important aspect of estate planning in Florida is establishing a trust. A trust is a legal entity that holds assets for the benefit of another person or group of people. Trusts can be used to avoid probate, reduce taxes, and provide for minor children or loved ones with special needs. Florida law recognizes a variety of trusts, including revocable living trusts, irrevocable trusts, and special needs trusts.
In addition to creating a will and establishing a trust, estate planning in Florida may also involve designating beneficiaries for retirement accounts and life insurance policies, creating powers of attorney for financial and medical decision-making, and planning for long-term care needs. Consulting with an experienced estate planning attorney can help ensure that a person’s estate plan meets their unique needs and goals and that their wishes are carried out after their death.
Contact An Experienced Boynton Beach Probate & Estate Planning Attorney Today
In many cases, forming a legal trust can be a sensible option to protect the well being of your beneficiaries in the event of your death. Our Boynton Beach probate attorneys are well-versed in Florida’s often complicated trust law, and can aid you in your quest to shield your assets and ensure that they are properly managed after you are gone.