You want to know that your final wishes will be honored, and your loved ones will receive their inheritance after your passing. Pre-planning your estate will protect your family, your property, and your assets. Our wills, trust, and probate lawyers in Kissimmee can help you turn your final requests into legally binding documents.
Whether you’re working on end-of-life preparation, or you are dealing with the legal steps after a loved one’s passing, our Kissimmee estate planning lawyers are here to help. Call Bogin, Munns & Munns today to get started with our team.
Let Our Firm Assist with Planning Your Estate
Estate planning is something that is best done before it is truly needed. You want to make these critical end-of-life decisions while you are physically and cognitively able. Creating the necessary documents and taking steps to make them legally binding may seem daunting, but it does not have to be. If you live in Kissimmee, our wills, trust, and probate lawyers can:
- Prepare and file your documents
- Help you account for the future of all of your property and assets
- Ensure you have a plan if you require medical intervention or need a POA
- Make provisions for the care of your children
- Assist with getting your property appraised
Our firm has more than 40 years of legal experience helping clients large and small. Whether your estate contains a single life insurance policy or millions of dollars in holdings, what happens to your assets and your family’s financial future is important to you. Our Kissimmee commercial law lawyers promise to treat it thusly and always serve you with dignity, fairness, and respect.
To consult with an experienced wills, trusts and probate lawyer serving Kissimmee
(855) 780-9986
Our Attorneys Can Help If Your Loved One’s Estate Is in Probate
If your loved one’s estate is in probate, we can represent you through the process. We will take care of documents and court filings, ensure payment of debts and taxes owed by the estate, identify and secure your loved one’s assets, and handle dealings with life insurance policy providers.
At our law firm, we understand that probate can be a complex and daunting process. Here are some frequently asked questions to help guide you through:
What is probate?
Probate is the legal process of validating a deceased person’s will, settling debts, and distributing assets to beneficiaries. It ensures the estate is administered according to the law and the decedent’s wishes.
Do all estates need to go through probate?
Not all estates require probate. Smaller estates or those with assets held in joint tenancy, trusts, or with designated beneficiaries may bypass probate. We can help determine if probate is necessary for your situation.
How long does probate take?
The probate process can take anywhere from six months to over a year, depending on the estate’s complexity, the presence of disputes, and court schedules. Our attorneys work diligently to expedite the process and prevent delays whenever possible.
What are the costs involved?
Probate costs include court fees, attorney fees, and other administrative expenses. Costs vary based on the estate’s value and complexity. We provide transparent fee structures to help you plan accordingly.
Can probate be contested?
Yes, probate can be contested if there are disputes regarding the validity of the will, executor misconduct, or asset distribution. Our firm works to resolve such disputes efficiently and effectively.
Why should I hire a probate lawyer?
Hiring a probate lawyer ensures the process is handled correctly and efficiently, minimizing delays and legal complications. We offer guidance, manage paperwork, and represent your interests in Orange County’s probate court.
Your Kissimmee lawyer Can Help With Wills and Trusts
Do not leave planning your estate until it is too late. Drafting a will or creating a trust can ensure your loved ones receive their intended inheritance in a timely fashion. It can also provide you with the peace of mind of knowing there is a plan for important decisions regarding your medical care, power of attorney, and guardianship of your minor children.
Draft Your Last Will and Testament
Your will provides instructions for what should happen to your assets and property upon your death. This document also names an executor who will oversee the dissolution of your estate, as well as appoint a guardian for your minor children and pets.
Create Your Living Will
An unexpected, life-threatening medical event can occur at any time. If you are unable to, a living will communicates your medical preferences to your loved ones and health care providers.
This document specifies whether you want certain life-preserving interventions, such as the use of a feeding tube or mechanical ventilator. It states your choices regarding medications, organ donation, and palliative care. A living will also appoints a person you trust to make medical decisions on your behalf, known as a medical surrogate or medical power of attorney.
Plan for the Transfer of Your Property
Our commercial lawyers can help you secure your property through a living trust. With a living trust, you can name yourself as the trustee and maintain control of any property held, such as real estate or vehicles, until your death.
At that time, the property passes to your chosen beneficiaries. A living trust does not replace your will, but it can add another layer of protection for your assets and may prevent your loved ones from going through probate court.
Ensure Guardianship for Your Minor Children
If you pass before your child reaches adulthood, you want to know that someone you trust will care for them. In the event that your death or incapacitation leaves your child without a living parent, you can name a legal guardian. If you do not, the court may make this decision.
Florida Statutes § 744.3046 allows for the creation of a pre-need guardianship. Two witnesses must sign this document, and you must file it with the court. Also named in the guardianship is a secondary guardian who will fulfill the role should the original guardian become unable to care for your child.
Select Your Power of Attorney
Your power of attorney (POA) has the legal authority to make financial decisions on your behalf if you are incapacitated, which is why it is important to make this decision while you are of sound mind and body. According to the Consumer Financial Protection Bureau, in order to protect yourself from POA abuse, you should:
- Appoint someone you trust and know well
- Have our attorneys include a provision that requires your POA to report any financial transactions they make on your behalf to a third party
- Tell your family, friends, and financial advisors who you select as your POA so they can watch out for your interests
- Ask our lawyers to revoke or change your POA at any time if you are no longer comfortable with your decision
Choose an Executor to Carry out Your Final Requests
Like your POA, your choice of executor is an important decision. This person has the responsibility of carrying out the wishes made in your will. This includes paying all debts and taxes owed by your estate and distributing property and assets to your named beneficiaries.
We can help you ensure the person you name as your executor is legally qualified to hold the position. According to Florida Statutes § 733.303, your executor cannot:
- Be under 18 years of age
- Be mentally or physically unable to perform the job (legally incapacitated)
- Have a convicted felony
- Reside out of state (unless they are related to you by blood, marriage, or adoption, according to Florida Statutes § 733.304
Kissimmee Wills, Trusts and Probate Lawyer Near Me
(855) 780-9986
Contact Our Kissimmee Lawyers for Help With an Estate
Estate planning is not only for the elderly or the ultra-wealthy, and it is not only about your finances. Our team is here to help you make sure your medical requests get honored, your final wishes get met, and your children and dependents get cared for by someone you trust. To get started, call our offices now.
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