Child custody and divorce law: Family law deals with issues that are family-related and issues of domestic relations. Most family law practices focus on representing clients within a divorce and the issues related to divorces such as the division of marital property, child custody and support, and alimony.
An irrevocable trust is a type of trust where its terms cannot be modified, amended, or terminated without the permission of the grantor’s named beneficiary or beneficiaries. The grantor, having effectively transferred all ownership of assets into the trust, legally removes all their rights of ownership to the assets and the trust.
Aubrey law is known as one of the top collaborative practice attorneys in Orlando Florida. Attorney Aubrey Harry Ducker Jr. handles Collaborative Practice – a voluntary dispute resolution process in which parties settle without resort to litigation.
When a loved one passes away, it is an emotional process for everyone involved. Then, there is the issue of how their assets and will are managed after their death. A probate attorney in Orlando will be able to navigate issues with wills and resolve issues with family members.
Probate Litigation is a process that deals with the estate of a loved one who has passed away. It is not the easiest thing in the world. This process can seem very tiring and overwhelming. So, in this blog, we will help you get a few of your questions answered. When residents or property owners pass away, their death sets into motion a legal process known as probate. Through probate, a deceased person’s assets are distributed to the heirs of his or her estate under court supervision. Probate also involves paying a decedent’s outstanding taxes and debts.
First off, its best to know everything about the situation at hand. There are multiple types of probate. Depending on certain circumstances, the Probate process can be simple and easy or can be exceptionally long.
The probate process can be differentiated in the following ways:
Probate vs. non-probate assets: Only those assets that were solely owned by the decedent at the time of death must go through Florida probate administration. Any assets that are jointly owned or have a designated beneficiary are not subject to probate administration.
Summary vs. formal administration: When an estate is worth $75,000 or less, or the decedent has been dead for more than 2 years, the estate will qualify for abbreviated probate known as summary administration. The estates that don’t qualify for summary administration undergo regular probate or formal administration.
Domiciliary probate vs. ancillary probate: Domiciliary probate is the probate of assets that are in Florida and owned by a decedent who was a Florida resident. Ancillary probate is probate of assets that are in Florida but owned by a decedent who was not a Florida resident.
A simple estate with a clear, uncontested can go through the probate process in just a matter of a few weeks. But there are multiple issues that can complicate probates. These include the lack of a will, a challenge to the will’s validity or meaning, creditor claims, or a surviving spouse’s rights.
Surviving spouses are normally entitled to a share of their deceased spouse’s estate. Even if he or she is not explicitly provided for in the will.
A spouse may be disinherited if the will was made prior to the couple marrying. However, as long as the will was made while the couple was married, the surviving spouse may receive:
Probate begins when the person named in the will as estate administrator presents the will to the probate court. If there is no will, the court appoints someone as an estate administrator, typically the decedent’s spouse or adult child.
Once the will is admitted to probate, the personal representative takes an inventory of estate assets. These include property, stocks and bonds, and business interests. Then, they place them in an estate account. The representative also notifies creditors of the estate and beneficiaries who may inherit estate assets.
Legitimate creditor claims and other estate bills, such as funeral expenses and taxes, are paid from the estate. If the representative thinks certain creditor claims are not legitimate, those claims can be disputed.
After the estate’s debt obligations are satisfied, remaining assets are distributed to beneficiaries according to the decedent’s will. What if there is no will? Florida law determines how assets are passed on.
In a Will, the deceased person selects a person known as the Executor or Personal Representative to handle their matters after they die. A Will also can include specific devices (the left of an item to someone) of miscellaneous assets, make special requests for the handling of minors, animals, and/or those with special needs.
The length of time a ‘Probate’ will take depends on the number of assets and debts in the Estate. Also, the time can vary based on whether there is a Will, whether the beneficiaries can be easily located and whether there will be any dispute as to the validity of the Will or disagreements about the distributions. There are three types of administrations (Disposition without Administration, Summary Administration, and Full Administration). The type of administration depends on the size/value of the Estate, whether the deceased person had any debts and how long it has been since the person passed away.
Surviving spouses in Florida are typically entitled to a share of their deceased spouse’s estate—even if he or she is not explicitly provided for in the will. A spouse may be disinherited if the will was made prior to the couple marrying, but as long as the will was made while the couple was married, the surviving spouse may receive:
The probate process can be differentiated in the following ways:
Probate vs. non-probate assets: Only those assets that were solely owned by the decedent at the time of death must go through Florida probate administration. Any assets that are jointly owned or have a designated beneficiary are not subject to probate administration.
Summary vs. formal administration: When an estate is worth $75,000 or less, or the decedent has been dead for more than 2 years, the Florida estate qualifies for abbreviated probate known as summary administration. Florida estates that do not qualify for summary administration undergo regular probate or formal administration.
Domiciliary probate vs. ancillary probate: Domiciliary probate is the probate of assets that are in Florida and owned by a decedent who was a Florida resident. Ancillary probate is the probate of assets that are in Florida but owned by a decedent who was not a Florida resident.
Court filings and hearings have been affected by the coronavirus in Florida and social distancing is not making anything any easier. Social distancing is the norm these days, and there is little indication that that is going to change any time soon. Some states have been slower than others in implementing social distancing concepts to their court procedures but most have eliminated all but essential in-person appearances and filings in favor of telephonic and video appearances and electronic filings. However, Florida is no different. This article will set forth what attorneys and their clients can expect in the State of Florida during the COVID-19 pandemic.
Social distancing is the actions one takes to limit face-to-face contact and slow the spread of the highly-contagious coronavirus. One recommended social distancing action is to keep at least 6 feet away from others. As of this writing (April 17, 2020), the federal government has mandated that social distancing be practiced at least until April 30. Although, this deadline may be longer.
Yes. On March 1, 2020, the State of Florida Surgeon General and State Health Officer declared a Public Health Emergency. On March 9, 2020, Governor Ron DeSantis declared a state of emergency for the entire State of Florida, directing interstate travelers to Florida to self-quarantine for 14 days or the duration of their trip, whichever was shorter. He also directed Floridians to limit their travel to essential travel and avoid groupings of 10 or more people, among other things.
On April 6, 2020, Chief Justice Charles T. Canady issued an administrative order, AOSC20-23 to clarify and extend previously enacted temporary social distancing measures created by six previous orders, effective through May 29, 2020. These measures include:
● Suspending prohibitions on conducting court proceedings electronically or remotely;
● Suspending prohibitions on giving sworn testimony electronically or remotely;
● Providing for the administration of oaths via the audio-visual system;
● Suspending all grand jury and jury selection proceedings;
● Suspending criminal and civil jury trials;
● Restricting trial court proceedings to a limited number of “essential” proceedings;
● Suspending certain time periods in criminal procedure;
● Suspending speedy trial time periods in non-criminal traffic infraction proceedings;
● Suspending the issuance of writs of possession;
● Suspending the requirement that certain family law forms be notarized or also signed in the presence of a deputy clerk.
Chief Justice Canady deemed the following types of court proceedings “essential,” and these will continue to be held throughout the duration of the public health emergency, despite other restrictions:
● First appearance in a criminal trial;
● Criminal arraignments;
● Motion hearings to set or modify bail for individuals in custody;
● Juvenile dependency shelter hearings;
● Hearings on petitions for injunctions related to the safety of an individual;
● Hearings on petitions for risk protection orders;
● Hearings to appoint emergency temporary guardians;
● Hearings to determine whether an individual should be involuntarily committed under the Baker Act or the Marchman Act;
● Hearings on petitions for extraordinary writs, to protect constitutional rights.
● quarantine or isolation violations,
● violations of the order to limit travel,
● violations of the order to close public or private buildings, and
● enforcement of curfew.
The Chief Justice also charged the circuit and county chief judges to cancel any non-critical and non-essential court proceedings or events that cannot be held remotely or electronically for whatever reason. The court system’s COVID-19 emergency webpage has more information.
In sum, any court proceeding not deemed essential is suspended or postponed. However, because the Chief Justice did give each circuit and county chief judge discretion to deem other critical proceedings “essential” and hold them during this crisis. You or your attorney should check with the court in which your matter is being heard. Find out about the status of the case.
Veronica Baxter is a legal assistant and blogger living and working in the great city of Philadelphia. Additionally, she frequently works with Todd Mosser, Esq., a busy Philadelphia appeals attorney.
Administration of the Living Trust After the Death of the Trust Maker
Do you need the most trusted and recommended trust administration and litigation in Orlando to assist you in the post-death administration of a living trust in Florida? Do you need the administration of a trust or estate in the event of a trust maker’s death? Contact Trust Administration and Litigation in Orlando Attorney Aubrey Harry Ducker Jr.
Professional Trust Administration and Litigation in Orlando Attorney Aubrey Harry Ducker Jr. gives you professional legal advice and has been able to provide clients with the results they need for many years. Attorney Aubrey Ducker helps you get through all the legal issues of your family as quickly and painlessly as possible. Advanced in problem-solving techniques, Aubrey Harry Ducker Jr. can help you solve your family law cases easily. Attorney Aubrey Harry Ducker Jr. can find ways to help you reach a healthy and acceptable conclusion. Let’s look at what the best trust administration and litigation in Orlando can do for you.
When a trust is created, an administrator, called the trustee, will administer it. The trustee and the person for whom the trust is created are often one and the same. A successor trustee is named in this case too. The trustee’s duty is to manage the real property, funds (cash or investments), insurance, and other assets included in the trust. It is also the trustee who is responsible for managing asset distribution.
Attorney Aubrey Harry Ducker Jr. can find ways to help you reach a healthy and acceptable conclusion.
As specified by the Florida statute, the trustee shall behave in good conscience, in compliance with the grantor’s wishes – the individual who established the trust. Administration of trust requires close regard to the wishes of the Grantor. A well-drafted trust, provided by an experienced Attorney for Trust Administration and Litigation in Orlando, will explain these wishes simply and clearly.
When you’re a trustee and a loved one passes away, the last thing on your mind will be to be managing their trust. However, trustees do not always have to get started immediately. Allow yourself time to cope and heal from your loss for about a month before plunging into your duties as a trustee. It’s smart to not delay too long though – as the trustee, it’s your moral duty to behave in the beneficiaries ‘best interests.
As an Orlando Attorney for Trust Administration and Litigation in Orlando, we often help trustees handle their loved ones ‘properties. Although trustees don’t need to appoint an attorney to administer their trust in Orlando, Fl, it is always the case that a few thousand dollars in attorney’s fees will save you a lot of stress, time and energy in maintaining the trust. An experienced attorney will have been successful with multiple Trust Administration and Litigation in Orlando, FL. They will be very familiar with the local court system.
However, you are not necessarily going to have to pick an attorney before you get started on the trust administration. The first few phases of trust administration in Florida are mainly to collect details. If it comes to making wise financial decisions on behalf of trustees, filing trust tax returns, funding sub-trusts, or selling real property, an attorney may help you with the correct and lawful administration of your trust.
Getting a trust is an essential part of estate planning and helps you to decide who gets everything from your assets and what it is received. Trusts usually allow greater flexibility and peace of mind than wills, and they are also the chosen form of estate planning. If there are any concerns or discrepancies that occur in reference to your trust, a Trust Litigation can result. The process can be time-consuming, costly and unpleasant for your families and loved ones. We’re going to break down some of the stuff you can do to prevent a trust litigation. feel free to contact us if you’re looking for an estate planning attorney who can guide you through details.
For more on trusts, see our article, Trust Administration and how can it help you?
Trust litigation happens when a judge is required to settle some disagreement over the trust. Many of the most frequent causes of such disagreements are questions of trust legality. It can include but is not limited to, examining the sound mind of the trustor / deceased at the time of writing the trust. they also include allegations of misuse of funds by the trustee, or suspicion of manipulation or coercion upon the trustor/deceased. If these disputes reach a point where the family cannot submit to them, the parties can obtain legal representation in order to dispute the trust, which would trigger a trust litigation.
How to Avoid Trust LitigationThe first step in preventing a trust litigation is to ensure that you deal closely with a trustworthy estate planning attorney. Relaying your thoughts to the attorney would give you a peace of mind. They are mindful of your situation and will assist you through the process. There are some personal checks you can make to assure that your trust is as secure as possible.
Making sure that the beneficiaries are aware of their status. It is a strong way to ensure that they are not blindsided or in contest with their future inheritance. It will also provide a witness who will validate that the trust statements represent your wishes.
It is important to communicate with your attorney to ensure that the jargon is clear and concise within the trust. Complex legal jargon or ambiguous language can create confusion between the trustee and the beneficiary. The estate planning process includes making sure that your expectations are clearly expressed.
Choosing your trustee is essential to ensure the proper execution of your trust. They should also be someone you know who would be able to understand and communicate your intentions properly. This should be as described in the trust. If you don’t feel confident turning over this vital position to someone you know personally, you can employ an outside trustee. If this occurs and you’re unsure which one of your family has a part to play, you can contact your estate planning attorney.
If there are elements of your trust that you feel may give rise to disputes, there are measures that your attorney should take to ensure that these elements are transparent and secure. Such situations may involve a potentially unexpected decision. This could include disinheriting a family member or deciding who to leave a special, cherished possession.
If the estate or family scenario changes, be sure to review and amend your trust in order to represent the latest details and amend any records. Inconsistencies may be a big fuel to cause litigation.
These are just some of the steps you can take to manage your trust and ensure that your trust does not enter litigation. The legal process is complex. There are several unique circumstances that you may not have considered when originally planning your estate. For more information on Trust Administration in Orlando Florida, Contact Lawyer Aubrey Harry Ducker Jr., Attorney, and Counselor. Our Attorneys handle all legal representations ranging from Family Law to Elder Law. Call us at (407) 647-7887 or give us a message. You can also visit the offices of Attorney Aubrey Ducker Jr. Aubrey Ducker Jr. serving Orlando and surrounding areas like Altamonte Springs, Longwood, Maitland, Oviedo, Winter Garden, Winter Park, and Winter Springs.
In the current COVID-19 crisis, more Americans have been thinking about the future- specifically, their mortality. This pandemic has pushed many Americans to write or rewrite their wills. Due to concerns about social distancing, it looks like electronic wills are coming to Florida in 2020.
When a loved one passes and they have a trust, the process of Trust Administration will need to be undertaken. Many attorneys make trust administration sound straightforward at the time their client signs the trust contract without describing completely what will have to be done upon their death. This is problematic as the client also rarely addresses risk policy with the designated Trustee.
The person or persons who will act as Trustees ought to consider what will happen to the person who creates the trust at the time of death. Over the years, our perception has been that clients often have unrealistic expectations of how their trust will work when there is a loss. Clients often believe the trust doesn’t need any more care and it will happen “automatically,” or they don’t know they’re going to need an attorney’s and CPA’s support in administering the trust. These are common misunderstandings. There are administrative responsibilities and costs related to trust administration that must be acknowledged by families and trustees.
One of the most common misunderstandings arises where a husband and a wife have a joint trust and the trust provisions call for the trust to be broken into sub-trusts (most commonly between a Survivor’s Trust and a Bypass Trust). The most frequent reasons for providing this type of trust are succession tax benefits, surviving spouse’s wealth security and divorce-remarriage insurance for the first half of the estate to die.
What’s important to note is that by creating a trust, the person or couple setting up the trust can escape probate (provided the trust is adequately funded) and as a by-product of the estate plan, inheritance tax benefits will result. The method closely resembles probate. It is almost the same; there are just a few small variations including, not having to wait to go through the process, daily or in front of a court.
The three-step process of acquiring asset ownership, settling the assets and providing accounting and delivery can be completed at whatever rate the trustee may have. If properties are quickly liquidated, a trust can be settled in a matter of a month or two. While probate can rarely be done in less than a year and typically takes between 18 and 24 months.
It can take anywhere from two to typically about six months.
Can Someone Handle Trust Administration Without Legal Counsel?
Likely not. However, it’s not a complicated process. There are different notices that need to be issued. Also, there are different procedures that need to be followed for selling properties, and they’d know how to do it. It’s not hard but they need help.
A living trust is an alternative that can be very appealing for estate planning. You transfer the funds into the trust as the grantor. During your lifespan, the trust retains the money. Upon your passing, the estate will be allocated to the beneficiaries according to the wishes and on whatever timeline you want.
What Is Collaborative Divorce? Spouses divorcing must decide how to proceed and whether they will require support from attorneys, mediators, and other divorce professionals.
Some couples end up in a lengthy, high situation of conflict with lawyers representing both sides and trying to get everything they can get. While others may decide on how to divide property and share custody of their kids. You may just need assistance to file the legal paperwork to finalize the divorce. Many couples fall into the middle and will need a mediator’s support in finding a final settlement agreement.
Couples with conflicting views on issues such as division of property, child custody or spousal support can also go through a joint divorce by engaging a mediator to help resolve any conflicts. We all have a choice as to how our divorce will go about. Collaborative divorce is an advantage for all concerned and is not only used by those who fully agree on all issues.
The collaborative divorce process works with each party retaining an attorney of their own choosing (if they decide to do so). This is similar to the first step of a traditional divorce. An attorney for each party plays a similar role. The attorney’s presence is designed to ensure that the party’s rights are protected throughout the process. In addition, attorneys can provide the parties with important legal information throughout the collaborative divorce process regarding the consequences of any agreement to which the parties may come.
When each party meets with their respective attorneys, the parties should indicate whether they wish to resolve their issues through a collaborative divorce. Because this is a voluntary process (that is, no court or statute makes it necessary for a party to participate in a collaborative divorce against his or her will), a collaborative divorce can work only if both of the parties are agreeable and desire to enter into a collaborative divorce. A party can choose to enter the collaborative divorce process right away, to enter the process later after other issues have been resolved, or to not enter the process at all.
Assuming that both parties wish to use the collaborative divorce framework, there will be an initial meeting between the parties and their attorneys in order to create a collaborative divorce participation agreement. This agreement identifies the major issues the parties intend to resolve through the process as well as the major decisions that need to be made and establishes the “ground rules” for the process. The agreement will also identify the documents and evidence each party needs in order to negotiate in good faith. Finally, the parties will agree not to use the court system to litigate the issues of the agreement. If a party chooses to do so, the agreement states that the parties’ attorneys must withdraw from representing them and each party must get new attorneys.
A collaborative divorce may take between eight and Fourteen months to complete. Typically, four to six group sessions can resolve these issues. These vary in length.
The pace of the process is measured not only by how rapidly all conflicts can be resolved but also by the ability to coordinate the schedules of each party and their counsel, the financial professional(s), the child specialist(s), the therapist(s), the dispute coach, etc.
These route costs vary. It can range between $25,000 to $50,000 depending on several factors. The complexity of the case is a factor, and also the degree of coordination between the parties. The process involves several external factors.
If the collaborative process is unsuccessful and a case subsequently goes to trial, the cost of divorce can range from $78,000 to $200,000.
