• Simple Wills
• Trust Wills (Trust for minors)
• Durable Power of Attorney
• Living Will
• Designation of Health Care Surrogate
• Living Trusts
Wills, Trusts and Probate
Types of services provided include:
- A Will
A will is a document that contains your wishes for how you want your property distributed and to whom, after you pass away. You may use a will to designate a guardian for your minor children, should you and your spouse die simultaneously.
You may also create a trust within your will and designate someone (a trustee) to manage the money you leave for your minor children.
If you pass away without a will, a court will determine how to distribute your assets and to whom based on existing Florida law. Moreover, family squabbles may arise over who should raise the minor children and how. These problems are easily preventable with a properly drafted and executed will.
- A Durable Power of Attorney
A durable power of attorney is a document that designates someone (your "attorney-in-fact") who will make financial and personal decisions on your behalf should you become incapacitated (unable to make your own decisions).
You can limit your attorney-in-fact’s power to merely the signing of one document or expand it to allow him or her to do just about anything on your behalf.
You can prevent a lot of confusion among family members regarding how to act on your behalf if you have a properly drafted and executed durable power of attorney.
- A Living Will
A living will declares your preferences regarding withholding or removing medical treatment (such as a respirator or feeding tube) if you are unable to make your own medical decisions and have no reasonable hope for recovery.
Without a living will explaining what medical treatment you want, family and friends may find themselves at odds over what is in your best interest. A properly drafted and executed living will can prevent disputes among family and friends during an already tumultuous time.
- A Designation of Health Care Surrogate
A designation of health care surrogate is a document that designates someone (and an alternative person) to make all medical decisions on your behalf when you are unable to do so, including decisions about life-sustaining treatment.
This document works in tandem with the living will because the living will provides the necessary evidence about your wishes. This evidence helps avoid any controversy about what you "really" wanted regarding life-sustaining treatment.
Our Basic Estate Documents Package includes a will, a durable power of attorney, a living will, and a designation of a healthcare surrogate.
Whether you are single or married with minor children, allow us to prepare (or update) these basic estate documents to provide you with peace of mind in the event of the worst eventuality.
Everyone’s situation is different; so we will work with you and your spouse, if applicable, to include in these documents your personal preferences and instructions.
- Living Trust
A living trust (or revocable trust) is a document that allows you to manage your assets during your lifetime and distribute the remaining assets after your death. The person responsible for managing the assets is called the "trustee." You can serve as the trustee, or you may appoint someone else, a bank or a trust company to serve as the trustee. The trust is "revocable" since you may modify or terminate the trust during your lifetime, provided you are not incapacitated.
During your lifetime the trustee invests and manages the trust property. Since the assets you place in the living trust are no longer titled in your name (you no longer own them), they do not become part of a probate estate (which includes money you own at the time of your death). Thus, the trust assets go directly to whom you have designated, thereby avoiding probate.
Those individuals who desire to "avoid" probate in this way, prefer to use a living trust. However, the decision to use a living trust is complicated because there are many advantages and disadvantages to weigh in the context of each individual or family situation. Allow us to help you better understand the living trust and to determine whether it is right for your situation.
Probate is the process of court-supervised distribution of the property that a loved one leaves after he or she dies. We can assist you in filing the correct type of probate actions, whether summary administration or a formal administration, and help you properly transfer the probate assets to the appropriate beneficiaries and close the estate.
Rory B. Weiner, P.A. is a law office practicing Business Law, Civil Litigation, Real Estate Law, Closing Services, Probate and Wills & Trusts.
Our Law Firm office is located in Brandon, Florida at the Lumsden Executive Park.
We also represent clients in Riverview, Apollo Beach, Seffner, Valrico, New Tampa,
South Tampa and the surrounding Tampa Bay Area.
Attorneys at Law - Brandon/Tampa (813) 681-3300
~ Wills and Trusts ~ Probate Attorney ~
Phone: (813) 681-3300
Fax: (813) 681-3391