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.
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.
About 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.
Conscientious, Reliable Advice from the Attorney’s Office of Top Trust Administration and Litigation in Orlando
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.
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.
Best Trust Administration in Orlando
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.
What is Trust Litigation?
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?
What Causes Trust Litigation?
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.
The 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.
1. Communication is key to all of this.
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.
2. Clarity in the Trust.
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.
3. Trust the Trustee, please.
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.
4. Anticipate Conflicts.
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.
5. Keep your trust up to date.
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.
Are Electronic Wills Coming To Florida In 2020?
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.
What is Trust Administration and how can it help you?
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.
How Long Does the Initial Trust Administration Take?
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.
Ownership of Trust Assets
Further Information About Trusts and Trust Administration
Special Education Lawyer in Orlando
The top Special Education Lawyer in Orlando is Aubrey Law. Special Education is not easy for anyone. There can be plenty of ups and downs when it comes to your child’s or children’s education. There are multiple forms of special education. When most people hear the words “special education” they think of the class that is separated from other students. There is not just one approach to helping someone in need of special education. New federal law states that students needing special care in the classroom will receive that care. Your child deserves to have all of their learning needs met to give them the best education that works for them. Lawyer Aubrey Ducker Jr. can and will help your child receive the education they need to be successful. After all, lawyer Aubrey Ducker Jr. is the top special education lawyer in Orlando!
How Can Aubrey Law Help My Child?
Every parent wants the best for their child. With Aubrey Law, we make sure your child will get the proper education they need to be successful. If your school district is not keeping up with the help your child needs, then Aubrey Law will make sure they do. Attorney Aubrey Ducker Jr. can help guide you through the process of making the best decisions for your child or children’s future. If your school is failing in keeping up with evaluating your child’s educational needs, Aubrey Ducker Jr. can and will help you stand up for your child’s rights within the school and school district. Contact us to see if you need a Special Education Lawyer in Orlando.
How To Tell If Your Child Might Need Special Needs
Children can be hard to read at times, but it also can be clear when they need help. Some common symptoms of special education needs can include traumatic brain injury, emotional disturbance, deaf or blindness, hearing impairment, and Autism. These are also signs your child is calling out for help. A physical disability like blindness might show signs quickly while a learning disability such as dyslexia could be more difficult to detect from your child.
Detecting if your child needs special education early might help you understand more about the needs your child will need and the learning curve that could follow. If you’re not too sure if your child might be in need or have any of these common symptoms, some other signs to look out for include: problems with reading or writing, poor memory, short attention spans, issues with staying organized, hard time with paying attention, clumsiness, and problems with following direction. Some more common symptoms of having a learning disability could also include having a difficult time listening, acting out without thinking of possible outcomes, and getting easily distracted. One of the most common of learning disabilities is Dyslexia.
Signs of Dyslexia can include poor spelling, problems in writing, and delay in speaking. They also include slow rate of reading out loud and to self, difficulty understanding and following directions. Some special education disabilities are not as serious as others but are still very serious to the child. Another form of learning disability includes Dysgraphia. This is when a child has trouble with writing or has very poor handwriting and does not outgrow this situation. Some signs of Dysgraphia may include the child not holding and twisting the pencil when trying to write, saying words out loud while writing and leaving words or phrases unfinished in a sentence.
Individual Educational Plans and How They Can Help
Each child that receives special education services should have an individual education plan also known as an IEP. The IEP will help parents, school administrators, related services personnel and occasional students (when appropriate) to improve the quality of education of your child. An IEP is the quality of education for your child or children. To help create an effective IEP, parents, teachers and other school administration must come together to understand the student’s unique educational needs. Looking out for the signs your child is giving might be able to show some of the care they need. But you can’t just look and watch the actions of the child. Being prescribed by a doctor is the only way to truly know the needs of your child. This helping comes up with a design to help the child become more involved. It will also improve progress within the general education curriculum.
Aubrey Law can help your child with learning disabilities control and have their rights to proper education. IEP (individual education plans) are not the only form of law to be able to help your child. The federal government ensures the rights of families and students with disability protection through individuals with disabilities education act also known as IDEA. Students can qualify for the IDEA program if they meet the criteria. IDEA’s program helps if they are deaf or blind, are emotionally disturbed on serious levels, autistic, suffering traumatic brain injuries, suffering from learning disabilities or health impairment. This specific act allows how states and agencies might provide early special education, intervention and related services to children with learning disabilities. Some other laws that could help your child of disability include 504 accommodations and IEP requirements.
Overall parents have rights in their child’s education. They have a right to be informed if their child or children are having difficulties in learning. Child education and special education can harm or affect a student of disability if not helped as quickly as possible. Lawyer Aubrey Ducker Jr. can help your child become more successful within their learning path. His guidance will help you keep on top of your school district’s educational curriculum. Having a disability is already hard enough on the student. But having and needing special education on top is even more difficult for them to handle. Lawyer Aubrey Ducker Jr. can help not only you but also your child. Let us help you and your child get the care that they need to excel in school. Attorney Aubrey Ducker Jr. is considered one of the top Special Education Lawyers in Orlando.
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Aubrey Law: Best Family Law Attorney in Orlando!
Aubrey Law is the best Family Law Attorney in Orlando! There are so many hard and difficult situations you go through in this world and in your life. Divorce and family law being among these situations. Divorce and Family Law is not only hard and tough for you, but they are also tough on everyone that’s involved. Your family, children, and even the other party. Here at Aubrey Law, we know how to support you, and everyone involved especially through these tough times. Aubrey Law does this in an easy stress-free manner. We take pride in knowing how to care for the family’s needs. Our Attorney Aubrey Law provides you all the attention and help you need.
About Aubrey Harry Ducker Jr.
Professional Attorney Aubrey Harry Ducker Jr. provides you with professional legal guidance and has been able to provide his clients with the results they need for many years. Attorney Aubrey Ducker helps you to get through all your family legal matters as quickly and painlessly as possible. Advanced in Problem solving techniques, Aubrey Harry Ducker Jr. can help solve your family law cases with ease. Having studied for years Attorney Aubrey Harry Ducker Jr. can find ways to help both parties come to a healthy and agreeable conclusion in any case needing to be provided to you.
Attorney Aubrey Harry Ducker Jr. has had many successes in his years in the legal field. This includes being a member of the Orange County Bar association and of the Association of family and conciliation courts. Martindale-Hubbell has awarded him the highest peer review rating. Aubrey Harry Ducker Jr. takes a lot of pride in knowing how to care for a family’s needs and make sure we can provide you with the healthiest of solutions. Visit www.aubreylaw.com to see even more of Aubrey Harry Ducker Jr.’s many accomplishments!
Aubrey Law’s office is right in the heart of beautiful downtown Orlando. His offices are designed to make you feel comfortable and safe. You can schedule appointments at one of our locations or a location of your choosing. Our offices understand that you enjoy being in the comfort of your homes or any other area that you feel is best and safe for you. After all, we understand the privacy needed to help you go through tough times.
Here at Aubrey Law, we take pride in conflict resolution and in conflict prevention approaches. We love to treat every single one of our clients with the care and respect they need. Since what they’re going through is already stressful. Family Law deals with multiple areas such as child custody, child support, adoption, visitation rights and conflict of marriage. No matter what family situation you’re going through, Attorney Aubrey Harry Ducker Jr. will be able to help resolve all the conflict involving your situation. With the help of our practical problem- solving techniques.
So, if you are someone who needs guidance through your divorce or Family Law situation, Aubrey Law can help provide you with all the care you need. Here at Aubrey Law our focus is getting you through your situation in a fast nonstressful manner and caring manner. Call us at (407) 647-7887 to schedule an appointment.
Many Americans rely on Medicaid, the federal health care program that provides health insurance and other benefits to low income and disabled individuals, to fund part or all of their long term care needs. For these individuals, Medicaid planning is an important part of estate planning. If you are considering using Medicaid to fund your long term care, discuss your plan with your estate planning lawyer. He or she can help you determine if you qualify for Medicaid and educate you about the facts of using Medicaid to fund your care.
Are you Eligible for Medicaid?
First and foremost, you need to determine if you are even eligible to receive Medicaid coverage. The Florida Department of Children and Families determines an individual’s Medicaid eligibility by examining his or her assets and income. In Florida, an individual’s monthly gross income must be $2,205 or less and he or she must own less than $2,000 worth of assets as a single person or $120,900 jointly with a healthy spouse in order to qualify for Medicaid.
Protecting your Assets As you Plan for your Future
Any estate plan should be created to protect the individual’s assets from excessive taxes and penalties. If your assets render you ineligible for Medicaid coverage, work with your lawyer to determine your alternative options. You might opt to purchase an annuity, which converts existing funds to a monthly income source for your spouse who does not receive Medicaid, as a way to keep your money without it disqualifying you from receiving Medicaid coverage for your long term care. Another option is to provide monetary gifts to loved ones, which are not subject to gift taxes as long as you give less than $14,000 per year this way.
Separate the Medicaid Myths from the Facts
Your lawyer can break down any misconceptions you have about Medicaid, such as the myth that it is only for individuals who have no assets. You certainly can qualify for Medicaid if you have assets, and certain assets are not considered when determining your eligibility.
Many individuals also wrongly assume that it is possible to become eligible for Medicaid by transferring one’s assets to his or her loved ones. Although asset transfers can potentially be part of a long-term estate plan, they need to be utilized carefully. When an individual applies for Medicaid coverage, Medicaid representatives examine all of the transactions the individual made in the past five years. If certain assets were transferred without the individual receiving fair compensation, he or she could face penalties.
Work with an Experienced Winter Park Medicaid Planning Lawyer
For help with any aspect of estate planning, whether you are eligible for Medicaid or not, work with an experienced Winter Park estate planning lawyer who can be your advocate through the process. Contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC today to set up your initial consultation in our office, during which we can answer any questions you have and determine any issues that you need to resolve before you move forward in the estate planning process.
If you hold power of attorney for an elderly parent or other relative, it is your job to ensure that his or her wishes regarding his or her health care, financial matters, and general quality of life are carried out once he or she can no longer make these decisions for him- or herself. Often, this involves making the decision to move him or her into a long-term care facility. It is not uncommon to include plans for long-term care in one’s will and allot money to cover its cost. For those who do not allot money for long-term care costs, Medicaid can cover the bill or the individual can enter an agreement with a facility where the profit from the sale of his or her home goes to cover care costs.
Planning for long-term care is one of the topics that falls under the umbrella of elder law. Other issues related to elder law include will and trust creation and adult guardianships. When you are in the process of planning for your loved one’s long-term care, there are a lot of factors to consider. Two of the biggest issues are determining the level of care he or she needs and how he or she will pay for it.
Determining the Level of Care your Loved One Needs
Different levels of care come at different price points. If your loved one simply needs social interaction and help with household chores like laundry, he or she might be a good candidate for an assisted living facility. These facilities are less expensive than nursing homes, but this is because they do not provide the high level of day-to-day medical care that can be found in nursing homes.
Paying for Long-Term Care
Medicaid can cover the costs of long-term care, but there are a few caveats to keep in mind if you choose to take this route. For Medicaid to cover an individual’s care, he or she must be in a Medicaid-certified facility. He or she may also be subject to estate recovery, which is where Medicaid takes money from the individual’s estate to reimburse itself for the costs of that individual’s care.
Another option is paying for the care privately. For individuals who do not qualify for Medicaid, this might be the only option. For those who choose to pay privately, which is often the case with individuals who sign agreements with long-term care facilities to sell their homes and use the profit to cover their care costs, Medicaid may become an option when their money runs out. Some private facilities also have a percentage of bed spaces set aside for Medicaid recipients, which can allow an individual who switches from private pay to Medicaid to avoid having to move into another facility.
Work with a Florida Elder Law Attorney
Facing the prospect of moving your loved one into a long-term care facility can be difficult, but it is often a necessary choice to make. For guidance with the legal aspects of planning for your loved one’s long-term care and other elder law issues you face, work with an experienced Orlando elder law attorney. To begin working with our firm, contact The Law Offices of Harry Aubrey Ducker, Jr., PLLC today to schedule your free legal consultation.
Every January, many Americans make resolutions to change something about themselves in the new year. These resolutions can include losing weight, becoming more outgoing, getting out of debt, changing careers, or renewing relationships with estranged friends and family members. Completing this type of goal can be extremely rewarding and demonstrate not only one’s dedication toward achieving his or her goal, but his or her investment in self-improvement.
You might be facing a legal or family issue that you have been putting off for some time. Now is the time to do it. Fix those legal issues that are scaring you with help from an experienced attorney, whether your needs are related to family law, probate law, or elder law.
Determine your Goals
The first step toward making a change in your life is determining what needs to change. Maybe you want to spend more time with your children this year. Maybe you want to finally write or update your will. Maybe you are ready to end your marriage and/or move out of Florida to begin the next chapter in your life. Now is the time to sit down and take a contemplative look at what you want to achieve. The next step is working with an attorney to help you make your achievement.
Work Out a Timeline
Few legal processes can happen overnight. When you work with an attorney, he or she will discuss a realistic timeline for the change you want to make. For example, modifying a parenting time arrangement in Florida can take some time because it requires the parent seeking the modification to prove that there is a substantial reason why he or she should have more time with his or her child, which can be met with opposition and require an investigation of one’s case by the court. Other legal processes, like writing a will, can be completed much more quickly and easily. Once you have a timeline in place, taking the necessary steps to reach your goal becomes much easier.
Get the Support you Need
Hiring an attorney is the first step toward making a legal change. The next step is gathering the support you need to make that change. In a case of modifying a child or spousal support order, you might need documentation of your changed circumstances. For wills and changes to your assets’ beneficiaries, you will need to provide documentation of the assets you own.
You might also want the other type of support: emotional support from friends and loved ones. Without disclosing all the details that need to be kept confidential between yourself and your attorney, discuss the change you are making with those around you so they can be there for you during any emotionally difficult times that follow.
Work with an Orlando Family Attorney
Whether you need to write a will, to change your child support order, representation as you begin the divorce process, or any other legal service within the confines of family, divorce, elder, or probate law, contact Sperling Ducker to work with an experienced Winter Park family, elder, and probate attorney. Stop putting off the changes you need to make to have a healthier, more productive new year – contact our firm today to schedule your initial legal consultation with us.