Estate planning is an important step you can take to protect your assets and end-of-life wishes. Bogin, Munns & Munns wills, trusts and probate attorneys in Daytona Beach can turn your end-of-life wishes into legally binding documents.
We are here to ensure you receive the benefits to which you may be entitled. Your lawyer can even secure your one’s assets through probate. Let our Daytona Beach estate planning lawyers put our team’s decades of experience to work for you. Call now for a consultation.
Our Lawyers Can Represent You If Your Loved One’s Estate Is in Probate
If your loved one died without making arrangements for the transfer of their assets or property, their estate may enter into probate. Our Daytona Beach commercial law lawyer can guide you through this process when we:
- Prepare and file court-required documents
- Assist the executor with settling the deceased’s debts
- Find and secure all of the deceased’s assets, including bank accounts, real estate holdings, and life insurance policies
- Determine any taxes owed by the estate
- Assist with getting property appraisals
If there is any dispute between you and the insurance companies that hold your loved one’s life insurance policies, we can help you fight for the payments you deserve. We will push back against denials of your life insurance claims. Your lawyer will pursue the compensation your loved one planned for you and your family.
What Is Probate?
Probate is the legal process of administering a deceased person’s estate, ensuring assets are distributed according to the will or state laws if no will exists. The process begins with the court appointing an executor or personal representative, often named in the will. This individual is responsible for managing the estate, including locating and valuing assets, notifying creditors and beneficiaries, and paying any outstanding debts and taxes.
The executor must file the will with the probate court and obtain approval to proceed with the estate’s administration. This often involves submitting an inventory of the estate’s assets and liabilities. Creditors are given a specific period to make claims against the estate. After settling debts and expenses, the executor distributes the remaining assets to the beneficiaries as outlined in the will or according to state intestacy laws.
Probate can be straightforward or complex, depending on the estate’s size, the clarity of the will, and the presence of any disputes among heirs. Probate can take time, but our team is prepared to see your case through from start to finish.
Do I Need a Clermont Probate Lawyer?
Legal representation in probate matters ensures a smooth and efficient process, helping to navigate complex legal requirements and court procedures. Without a lawyer, you may face numerous pitfalls in probate, including missed deadlines, incorrect filings, and misunderstandings of legal obligations.
This can lead to prolonged proceedings, increased costs, and potential disputes among beneficiaries. Mismanagement of estate assets and failure to address creditor claims properly can result in financial penalties and legal consequences, further complicating the probate process.
To consult with an experienced wills, trusts and probate lawyer serving Daytona Beach
(855) 780-9986
The Sooner You Can Complete Estate Planning, the Better
Wills and trusts are not just for aging adults. There is never a wrong time to secure your future and the future of those you love. In the event of your death or incapacitation, a pre-established plan could help. Creating a will or trust legally protects you, your property, and your assets.
You could specify how:
- Those caring for you honor your wishes regarding your medical treatment
- Your power of attorney goes to a representative of your choosing
- Custody of your children goes to a guardian you select
- Your possessions and assets pass to your beneficiaries without incident
Our Firm Can Handle All of Your Estate Planning Needs in Daytona
Our attorneys can help you turn your estate planning desires into reality. We can draft your will, set up a living trust, and authorize selected parties to make certain decisions on your behalf.
Our attorneys can assist with:
- Drafting your last will and testament– This document outlines what should happen to your property and assets after your death. Having a will can prevent your estate from entering into probate, which can prolong how long it takes for your beneficiaries to receive their inheritance.
- Creating a living will– This document specifies medical treatments you would or would not like administered in order to keep you alive. It also outlines your preferences for pain management, organ donation, and other medical interventions. Additionally, it can a healthcare surrogate who can make medical for you if you cannot do so.
- Naming a power of attorney– Power of lawyer is given to a person, designated by you, who has the legal authority to act on your behalf. This person can sign legal documents in your name. You may restrict power of attorney to specific actions, or you can give unrestricted power of attorney if you become incapacitated.
- Establishing a living trust– You may wish to set up a living trust for your property holdings. When establishing a living trust, you can name yourself trustee, allowing you to maintain control until your death. After death, your named beneficiaries receive the property. A living trust may prevent your family members the time and expense of going through probate court proceedings.
Appointing an Executor Is an Important Decision
When drafting your will, you will need to appoint an executor. Don’t make a decision lightly—your executor is responsible for:
- Safeguarding your property and assets until your debts and taxes are paid
- Ensuring the transfer of your assets to those entitled to them
Florida Statutes §733.303 outlines the requirements for someone to be an estate executor. They should:
- Be 18 years of age or older
- Be of sound mind and body
- Must not have been previously convicted of a felony
- Must reside in Florida, unless they meet certain relation requirements (according to Florida Statutes §733.304)
Do not gamble with your loved one’s future inheritance. Let our wills, trusts, and probate lawyers in Daytona Beach help you safeguard your wishes. We are here to draft your documents and ensure those you appoint to carry out your final requests have the legal authority to do so.
Estate Planning Protects Your Children and Your Dependents
If you have minor children, you want to know they will be cared for by a guardian of your choosing. We can help you file paperwork with the court to appoint a preneed guardian, according to Florida Statutes §744.3046. This document names a guardian in the event that you and your child’s other parent die or become incapacitated.
Planning your estate also financially protects your dependents. A will or trust can give you peace of mind. You can relax knowing your family will receive the assets you intended for their care. Planning ahead may also help your family receive their inheritance more quickly and easily.
Daytona Beach Wills, Trusts and Probate Lawyer Near Me
(855) 780-9986
Our Daytona Beach Attorneys Get Started on Planning Your Estate
Bruce Bogin, Ranier Munns, and Rulon Munns founded Bogin, Munns & Munns in Orlando in 1979 with the goal of serving clients large and small from all walks of life. Since then, our firm has grown to include more than 100 staff members in multiple locations across central Florida.
To learn more about how we can take care of your estate planning or probate needs, call our offices. Our Daytona Beach wills, trusts, and probate lawyers are ready to help you now.
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