Deeb+Deeb - Florida Attorneys

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The law recognizes two types of guardians: a guardian of the person and a guardian of the estate. Some jurisdictions use...
12/15/2023

The law recognizes two types of guardians: a guardian of the person and a guardian of the estate. Some jurisdictions use the term "conservator" to mean the same thing as a guardian. Others use conservator to mean a guardian of the estate. The guardian of the person has the day-to-day responsibilities of ensuring that the ward is fed, housed, clothed, and receives proper medical care. The guardian of the estate or conservator manages the ward’s property and finances.

With a voluntary guardianship, the proposed ward asks the court to appoint a guardian, usually a relative or close frien...
12/13/2023

With a voluntary guardianship, the proposed ward asks the court to appoint a guardian, usually a relative or close friend, to manage her finances. With an involuntary guardianship, the proposed ward is not competent and needs a guardian of the person to make sure he’s properly cared for or a guardian of the property to manage his or her finances, or both.

A court oversees a voluntary guardianship, but not a power of attorney. A guardian must submit an inventory of the ward'...
12/11/2023

A court oversees a voluntary guardianship, but not a power of attorney. A guardian must submit an inventory of the ward's assets to the court and complete any training the court requires. The guardian may also need to post a bond. Thereafter, the guardian must file an annual accounting with the court and may need the court’s permission for large or unusual expenditures. The person with a power of attorney doesn’t need to prepare an accounting, post a bond, or obtain court authorization for expenditures.

A guardianship is a legal arrangement in which a court appoints a person, the guardian, to look after another person, th...
12/08/2023

A guardianship is a legal arrangement in which a court appoints a person, the guardian, to look after another person, the ward. The person seeking the guardianship must present evidence that the proposed ward is incapacitated and the proposed guardian is suitable for the job. There are two types of guardians: a guardian of the person and a guardian of the estate. A guardian of the person is responsible for the ward's physical safety and well-being.

When planning your estate, you’ll need to choose a will or a revocable living trust as the principal device for passing ...
12/01/2023

When planning your estate, you’ll need to choose a will or a revocable living trust as the principal device for passing your property. A will is easier to understand, less expensive to prepare, and doesn’t require as much upkeep as a revocable living trust. However, a trust avoids the delay and expense of probate, keeps your estate plan private, and prepares for the possibility of your incapacity. An experienced estate planning attorney can help you choose the better estate planning strategy for your situation.

The settlor of a revocable trust can amend or revoke the trust as long as she’s mentally competent. The settlor of an ir...
11/24/2023

The settlor of a revocable trust can amend or revoke the trust as long as she’s mentally competent. The settlor of an irrevocable trust can’t modify or revoke it. She permanently relinquishes any right to make changes to the trust.

Once you’ve decided on your estate plan, you’ll need to put it in writing. Every estate plan should include these four o...
11/13/2023

Once you’ve decided on your estate plan, you’ll need to put it in writing. Every estate plan should include these four or five documents. You may need additional documents depending on the complexity of your estate and your estate planning goals.

Probate is the legal process for settling an estate after someone (the decedent) has died. It is also known as estate ad...
11/10/2023

Probate is the legal process for settling an estate after someone (the decedent) has died. It is also known as estate administration. During probate, the decedent's personal representative locates the decedent's assets, pays the decedent's debts, and distributes the remainder of the estate to the heirs. Many people plan their estates to bypass probate. Here’s why.

You may choose to make a revocable living trust the centerpiece of your estate plan for one or more of the following rea...
11/03/2023

You may choose to make a revocable living trust the centerpiece of your estate plan for one or more of the following reasons:

Probate, the court-supervised process of distributing your estate, can be time-consuming and expensive.  You can minimiz...
10/30/2023

Probate, the court-supervised process of distributing your estate, can be time-consuming and expensive. You can minimize the assets that need to pass through probate or eliminate probate by using one or more of these 5 devices. A will isn’t included in this list because a will doesn’t avoid probate. We can help you decide whether to avoid probate and how best to do it. Please give us a call.

Before you make your will, you should understand what property it will affect. A will may not control the disposition of...
10/27/2023

Before you make your will, you should understand what property it will affect. A will may not control the disposition of every type of property that you own. Some property you own may pass through other legal arrangements. An attempt to pass this property through your will won’t be effective.

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