Walser Law Firm

The Benefits of Estate Planning

Tue, 14 Apr 2026 14:48:36 GMT

While it may not be the first thing someone thinks about when considering end-of-life decisions, it’s extremely important to understand the benefits of estate planning, especially for those with valuable, taxable estates.

Not only can the benefits of estate planning provide you a secure financial position after death, but they can also help significantly during your life, to ensure that your assets are protected properly. Proper estate planning can even provide options to lower or eliminate estate taxes, and ease future generations from a number of financial burdens that coincide with the loss of a loved one. It is never an easy thing to consider, but understanding how and why you should talk to an estate planning attorney is key in correctly handling these decisions in the long run.

The Importance of Estate Planning

The importance of estate planning begins far before death, especially in unprecedented events that may inhibit you from making decisions for yourself. We understand that your estate is a reflection of years of hard work, and planning for the future well ahead of time can ensure that an unwarranted incident doesn’t create a burden for yourself, or for others.

Protecting family wealth establishes a safe, secure way for your assets to maintain their value during and after your lifetime. Financial success certainly comes with its negatives, as lawsuits and other schemes can jeopardize your hard-earned wealth. To avoid these uncertainties, a very common way to start is by creating a trust, so your wealth and assets can be placed into legally protected entities. This also allows you to remove your name from assets, and gives chances for insurance to provide funds for your estate and protect you from these legal challenges.

Revocable and Irrevocable Trusts

Setting up a trust can allow you to transfer assets to beneficiaries, help your estate avoid probate, and help plan for your own needs in the event of an emergency. These actions help you to dispose of wealth in the manner you wish, and this alone can save you and your loved ones from many financial burdens. Assets within these trusts become protected, and can even be used for charitable or philanthropic goals. The two trusts to consider are revocable vs. irrevocable, and both come with a variety of perks to help you.

Revocable Trusts

These trusts can help you avoid probate, but the IRS allows you to maintain control of the assets you place into said trust. You can revoke the entity and take back your assets at any time, remaining in control of what you put in and take out. This allows for leniency and security regarding your own decisions, but again, a number of situations can prevent you from making these decisions, which can be worrisome.

Irrevocable Trusts

Placing assets into an irrevocable trust is permanent. Someone else must become a trustee, and you relinquish ownership in doing so. If your assets are placed in an irrevocable trust, they don’t contribute to your taxable estate, so this is usually important when deciding how to disperse your assets among beneficiaries. If you have something valuable you wish to transfer to a beneficiary, an irrevocable trust can secure that transaction.

How to Start Estate Planning

If you are considering a plan for your estate, your best course is to contact a wealth advisor or an estate planning attorney, to correctly handle the eventualities of your future in a secure and professional way. There are many legal complexities in this process, and seeking advice shouldn’t be something to feel uncomfortable about doing. Professionals in the field are there to guide you, making sure that all decisions are mutually agreed upon.

Walser Law Firm

Our team at Walser Law Firm has been guiding individuals through the estate planning process for over 30 years. We dedicate our time to design plans that meet your unique goals, and help ensure a secure future for you and your loved ones. We understand that years of hard work shouldn’t be open to uncertainties, and we use our many years of expertise to create a plan that is tailored to your needs. If you wish to begin this planning process, or are unsure of any steps along the way, please contact us for any questions or inquiries about the estate planning process.

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6 Common Probate issues

Tue, 14 Apr 2026 14:44:40 GMT

1. Arguments Between Family Members and/or Beneficiaries

When a family member passes away it can be a difficult time for those that he or she leaves behind. Not only must they cope with the physical loss of their loved one, but they must also undergo the emotional process of administering their estate. In instances where the decedent’s estate contains significant assets and complex family arrangements, unforeseen tensions and conflicts may arise among the beneficiaries. With proper estate planning in place before death, many familial issues can be proactively addressed.

An estate plan that incorporates a revocable trust and has assets correctly titled into the trust at the time of death, can avoid the probate process altogether and keep the administration out of the court system, saving beneficiaries time, legal fees and court costs. Without proper estate planning, if the decedent died with more than $75,000 of assets, the beneficiaries will be forced to conduct a formal probate administration, which in Florida requires the engagement of an attorney to supervise the process.

In a formal probate administration, the court will appoint a personal representative, aka executor, who will be authorized to do the following:

Act on behalf of the estate
Collect the assets
Handle creditor claims
Make distributions to the ultimate beneficiaries

While family members have preference to serve as personal representative, sometimes it can be beneficial to have an independent professional serve as the personal representative. One example of an independent professional serving as personal representative would be for the attorney to serve. Having the attorney serve in the role of fiduciary can reduce tension between family members by providing communication about the probate process and ensuring all assets are accounted for and handled properly. An attorney will presumably not hold any bias towards particular family members and will maintain a professional demeanor throughout the process, with the sole priority of enforcing the provisions of the Last Will, or in the case there is no Last Will, to distribute the assets according to Florida intestacy statutes.

2. The Person Named as Personal Representative, aka Executor, Not Accepting the Role

When a Last Will and Testament is created, a person should be identified to serve as executor of the estate. In Florida, the role of executor is referred to as personal representative. A personal representative or executor is essentially in charge of:

Collecting all probate assets
Serving notice on potential creditors
Distributing the assets according to decedent’s Will

While most people who are nominated as a potential executor will carry out their role, some will not want to assume the responsibility. If the named executor opts out, the court will have to appoint another person to administer the estate throughout the probate proceedings, which has the potential to create considerable delay in the probate process. The easiest way to proactively mitigate this situation is for the testator to name additional persons that should serve as personal representative, if the first named person chooses not to do so. These subsequently named persons are referred to as contingent nominated personal representatives. It is advisable that a Last Will identify at least two, if not three, possible persons that may serve in the role as the personal representative.

3. Assets in Multiple States

Geographic borders will have a substantial impact on the way assets are distributed after the death of a loved one. If your loved one lived in one state, but also owned real estate in another, you will most likely have to conduct a probate administration in each state.

Real estate is always governed by the laws of the state in which it is located. Some states allow family members to conduct probate administrations without hiring an attorney, while others will require you to engage an attorney in order to open the estate, such as Florida.

A typical example would be a snowbird who travels between Florida and New York and owns real estate in both locations. In order to avoid state death taxes and income taxes, the snowbird is most likely to consider Florida to be his or her domicile and the death certificate will identify a Florida address as the last residence of the decedent. In such a situation the initial probate must be conducted in Florida, which will be considered the domiciliary probate. The Florida proceeding will control all tangible personal property owned by the decedent, such as bank accounts, brokerage accounts, jewelry, and vehicles. The Florida proceedings will also control any real estate located in Florida. If the decedent owned real estate in New York, then a separate probate proceeding must be conducted in that state in order to sell or transfer that piece of property on behalf of the estate. The New York proceeding will be known as the ancillary probate proceeding and it will be filed in the country in which the real estate is located.

Having to conduct multiple probate proceedings in different states can create considerable delays and complications, so having an experienced probate attorney assist with the administrations is always advisable. Fortunately, the Walser Law Firm has attorneys licensed in New York, New Jersey and Florida so our law office can assist with property located in all of these states simultaneously. When one law office is able to handle all of the administrations it will save the beneficiaries time and money.

4. Accounting for Assets on the Estate Inventory

If you have never experienced the probate process, you may be surprised at how tedious the marshaling and accounting of estate assets can be. In Florida, the personal representative is required to submit an inventory of assets to the court within 60 days of the estate being opened, which is the date the “ Letters of Administration ” are issued by the judge. Frequently the decedent will have passed away without a will or any other estate planning and the location and value of the assets held at death will not be known to the beneficiaries. In situations in which the assets are unknown, the personal representative will often have to do some investigation to track down clues as to where assets might be located, such as looking through the decedent’s mail and requesting tax returns from the IRS. The personal representative can submit a rough estimate of assets on the initial inventory filed with the probate court and can amend that inventory as more information is gathered from various financial institutions.

Generally, a personal representative is permitted to give their own estimate as to what they think any particular asset of the estate is worth. In more complicated estates where there are multiple beneficiaries, or tax consequences, it is advisable for the personal representative to obtain professional appraisals of all assets. The values will be reported on the inventory which is filed with the probate court and subsequently served on all beneficiaries.

Each beneficiary has the right to inquire as to how the value of any asset was determined and to request a copy of the appraisals. An independent appraisal is also a way to document any step up in tax basis that was experienced at the date of death. When a person sells an asset, such as a piece of real estate or share of stock, they will be responsible for reporting the sale on their tax return and paying a capital gains tax that may be associated with the transaction. The capital gain is calculated by finding the difference between what the asset was originally purchased for and what the asset eventually sold for. Capital gains are treated differently at death being that upon the death a loved one, any assets that were held in the name of the decedent are automatically reassigned a new tax basis according to the date of death value of the property. This process is referred to as a “step up in basis” and is utilized to avoid significant tax liability that would normally occur if the asset had been sold during the lifetime of the original owner. Since these capital gains taxes can represent significant savings, and in an effort to avoid questions from the IRS, an independent professional appraisal of the date of death values of the property is recommended.

5. Different Intentions Concerning the Decedent’s Residence or Other Real Estate

What will be done with the real estate owned by a decedent is often a point of contention between family members. The easiest way to proactively handle this situation is for the Last Will & Testament to clarify what is to be done with the property.

Assuming the decedent passed away without a Will, the estate will be probated according to Florida intestacy statutes. Intestate beneficiaries will often disagree as to whether they should sell the property and distribute the cash evenly, rent out the property, or keep the property and let a family member live there. These issues will have serious ramifications on how the probate process will proceed, since the sale of real property will most likely require the services of a realtor as well as require orders from the probate court authorizing the sale to a potential purchaser.

In Florida, there is the additional complication of homestead status, which means the real estate is creditor protected and creates restrictions on how the property can be transferred. Homestead property must be handled properly with the probate court in order to successfully clear title.

Therefore, it is important that before entering probate, that the beneficiaries decide whether the real property will be kept or sold. Without an agreement as to how to handle the real estate, probate can be unnecessarily delayed. In cases of disagreement, it is often easiest to sell the real estate and split the proceeds among the beneficiaries.

6. Mistakes Made from Going It Alone

Many families and individuals who are going through the probate process for the first time instinctively assume they can handle the court proceedings themselves. Although some probate attorney fees may be more than you are willing to pay, probate attorneys are experts in this area of law and understand all issues and concerns that may arise.

A common scenario is one in which the family starts the probate process on their own, mistakes are made with the pleadings submitted to the court and the judge refuses to sign the orders requiring the family to subsequently hire an attorney to fix the problem. Hiring an attorney from the start will lessen the time it takes to complete the probate process because the attorney will not be required

If you have questions regarding a loved one’s probate, it is important to seek the advice of an experienced probate attorney. The highly skilled Florida probate attorneys at the Walser Law Firm are happy to assist you with all your probate needs. Call our Florida office at (561) 750-1040 to schedule a consultation today, or fill out our contact form .

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What Happens If You Die Without A Will In Florida?

Tue, 14 Apr 2026 14:10:21 GMT

What Happens If You Die Without A Will In Florida?

Dying without a Last Will & Testament will result in your estate passing via intestacy, which simply means that your assets will be allocated to surviving relatives according to the guidelines laid out in Florida intestacy statutes. Every state passes an intestate statute which serves as a default distribution scheme to certain relatives based on how the legislature believes the majority of people would like their assets to pass. For example, most people would want their current spouse and any biological or adopted children to receive a portion of their estate, so those parties almost always have priority under intestate statutes.

What Assets Will Be Included in the Estate?

Any assets that are titled in the sole name of the person that passes away, also referred to as the decedent, will fall into their estate and will be subject to the intestate distribution. This would not include property that is held jointly with other parties such as your spouse, nor does it include assets which have a designated beneficiary, such as many brokerage accounts or IRAs. There are many assets that are typically not included in a decedent’s probate estate, such as the following:

Property titled in the name of a revocable trust
Life insurance proceeds
Funds in a IRA, 401(k), or other retirement account
Securities held in transfer-on-death account
Payable-on-death bank accounts
Property you own with someone else in joint tenancy or tenancy by entirety

At death, these above mentioned assets will pass to any co-owners or to the designated beneficiaries named on the account, and as such are not included as part of the decedent’s estate. Joint ownership and designated beneficiaries have priority above any provisions within estate planning documents, such as a Will or Trust because such documents only control assets that fall into the estate.

Who Gets What?

Intestate succession will depend on which family members are alive at the time of your death. Below is a quick overview of how your assets may pass:

If you have children, but no spouse, your children inherit everything
If you have a spouse, but no children, your spouse inherits everything
If you have a spouse and children from you and that spouse, and no children from outside the marriage, your spouse inherits everything
If you have a spouse and children from you and that spouse, but you also have children from another relationship, your spouse will inherit half of your intestate property and all of your children will equally share the remaining half. Your spouse’s children will not inherit.
If you have parents but no spouse or children, your parents inherit everything
If you have siblings but no spouse, children, or parents, your siblings will inherit everything

Do Adopted Children or Step-Children Inherit via Intestacy?

In order for your children to inherit your assets through intestate succession, Florida must legally recognize them as your children. In regard to the FL intestate statute, adopted children are treated exactly the same as biological children. Children who have been legally adopted will always be entitled to receive an intestate share from the estate of the person who adopted them. One important distinction for estate planning purposes is that if you have step-children, which have not been legally adopted by you, they will not automatically inherit under intestate succession laws. If you desire to have your step children inherit from your estate, it is important that you execute a Last Will & Testament which names them as beneficiaries.

Sometimes determining who is qualified to inherit as a child of a decedent can be complicated. For example, if you have a posthumous child, a child conceived by you but born after your death, that child will typically have standing to inherit. Another common scenario includes non-marital children, in which the decedent was not married to the mother of the child at the time of their birth. The Florida Probate Code requires that one of the three following elements be met in order to substantiate that a certain child should have standing to inherit via intestacy from the father’s estate, which include:

1. The natural parents participated in a marriage ceremony before or after the birth of the person born out of wedlock, even though the attempted marriage is void.

2. The paternity of the father is established by an adjudication before or after the death of the father.

3. The paternity of the father is acknowledged in writing by the father.

Will One Child Receive More Than the Other?

Florida follows a method of distributing a decedent’s estate known as “per stirpes.” The basic concept is that each descendant on the same generational level will inherit an equal share of the decedent’s estate, and any descendants on a younger generational level that have predeceased parents, will inherit their parent’s intended share. For example, assume that the decedent had no spouse, but had two children, a son, Alex, and a daughter, Betty. Alex had one child, Chuck, and Betty had two children, Damien and Ellie. Upon the decedent’s death:

Alex and Betty are both alive. Therefore, they split the estate equally and both receive 50%.

o Alex-50%; Betty-50%

If Betty dies before the decedent, then her children will receive her portion of the estate. Alex will still receive 50%, while Betty’s children will each receive 25%.

o Alex-50%; Damien-25%; Ellie-25%

If both Alex and Betty died before the decedent, then Chuck would get Alex’s’ 50% share and Betty’s children would get her 50% share.

o Chuck-50%; Damien 25%; Ellie 25%

If you have questions regarding the intestacy laws pertaining to a loved one’s estate, it is important to seek the advice of an experienced probate attorney. The highly skilled Florida probate attorneys at Walser Law Firm can assist you with all your probate needs.

Call our Florida office at (561) 750-1040 to schedule a consultation today, or fill out our contact form.

The post What Happens If You Die Without a Will in Florida? appeared first on Walser Law Firm.

Estate Planning Checklist

Wed, 17 Dec 2025 19:54:58 GMT

Estate Planning Chec klist : A Florida Attorney's Guide to Protecting Your Family and Assets

I f you own a home or other assets in Florida, having an estate plan is not optional—it is essential. After more than 40 years practicing probate and estate planning , I’ve seen firsthand what happens when families plan properly—and what happens when they don’t.

As an attorney, former CPA, and holder of a Master’s in Estate Planning, I approach estate planning from both a legal and financial perspective. This checklist is designed to help you understand what an effective estate plan should include and why each step matters.

1. Create or Update Your Will

A will allows you to:

Name who inherits your assets
Appoint a personal representative
Name guardians for minor children

However, a common misconception is that a will avoids probate. It does not. If you have to read the will to determine who receives an asset, that asset must go through probate to be legally transferred.

Real-World Insight

I often meet families who believe bringing a will to the bank is enough. It isn’t. Only the probate court can accept a will and issue Letters of Administration , which authorize asset transfers.

2. Consid er a Revocable Living Trust

One of the most effective estate planning tools is a revocable trust. When properly funded, a trust:

Avoids probate
Reduces delays and court costs
Provides privacy

Case Example

Many Florida retirees own multiple properties or investment accounts. Without a trust, heirs may face formal or even ancillary probate proceedings. A properly funded trust can eliminate those complications entirely.

3. Review How Your Assets Are Titled

Asset titling determines whether probate is required:

Individually owned assets typically require probate
Joint ownership with rights of survivorship avoids probate
Trust-owned assets bypass probate

Professional Tip

I’ve handled countless cases where estate plans failed simply because assets were never retitled into the trust. An estate plan is only effective if your assets are aligned with it.

4. Add Beneficiaries to Financial Accounts

Bank accounts, retirement accounts, and brokerage accounts can often pass directly to heirs by naming beneficiaries.

This step:

Avoids probate
Speeds up distribution
Reduces legal costs

Common Mistake

Failing to update beneficiary designations after a divorce or remarriage is one of the most common—and costly—errors I see in the administration of estates after death.

5. Plan for Real Estate Transfers

Real estate often creates the biggest probate delays.

Options include:

Transferring property in a revocable trust
Adding heirs as remaindermen through a quitclaim deed or ladybird deed

Real-Life Scenario

If real estate does not have a co-owner with rights of survivorship or it is not held in name of trust, probate is required before ownership can transfer—even if there is a will.

6. Prepare for Blended Families and Second Marriages

Second marriages and stepchildren often lead to disputes if planning is unclear.

An effective estate plan should:

Clearly define who receives what
Address how property will be sold or retained
Prevent conflicts over personal property like jewelry or family heirlooms
Establish who makes medical and long-term care decisions.

Experience Matters

I’ve handled many contested estates where disagreements among second spouse, children, or stepchildren led to lengthy and expensive litigation—often entirely avoidable with proper planning.

7. Plan for Incapacity, Not Just Death

Estate planning is not just about what happens when you die. It should also address incapacity.

Your plan should include:

Durable powers of attorney
Health care directives

These documents allow trusted individuals to manage finances and medical decisions if you become ill or incapacitated.

8. Understand Probate Timelines and Costs

Probate is not quick. In Florida, it typically takes 6–12 months , and longer if disputes arise.

Understanding this reality is critical when deciding whether to:

Rely solely on a will
Use trusts and beneficiary designations to minimize probate

9. Review and Update Your Plan Regularly

Life changes—your estate plan should too.

Update your plan after:

Marriage or divorce
Birth of children or grandchildren
Buying or selling real estate
Changes in tax or probate laws
Increase or decrease in wealth

10. Work With an Experienced Estate Planning Attorney

Estate planning is not a one-size-fits-all process. After more than four decades handling formal administration, summary administration, ancillary probate, and contested estates , I’ve seen how small planning mistakes can create major problems for families.

Whether you:

Have no estate plan
Have outdated documents
Recently lost a loved one

Working with an experienced estate planning and probate attorney can save your family time, money, and emotional stress.

Final Thoughts

An effective estate plan protects your family, preserves your assets, and minimizes probate delays and costs. The best time to plan is before illness or death, when you can make thoughtful, informed decisions.

If you are a Florida retiree who owns a home, other real estate, or has saved money for retirement, I encourage you to schedule a review of your current estate plan—or create one if none exists. Proper planning today can prevent unnecessary probate challenges tomorrow.

What Are the Types of Probate?

Mon, 15 Dec 2025 22:12:52 GMT

What Are the Types of Probate? A Florida Attorney Explains

When a loved one passes away, one of the first questions families ask is “What type of probate is required?” The answer depends on the assets involved, how they are titled, whether there is a will, and whether the heirs agree.

As an attorney with more than 40 years of probate experience , a former CPA , and a professional holding a Master’s in Estate Planning , I have handled every type of probate case in Florida—from straightforward estates to highly contested matters involving blended families, real estate, and multiple jurisdictions. Below is a clear explanation of the main types of probate and when each applies.

Formal Administration

Formal administration is the most common type of probate in Florida and is required when:

The estate value exceeds Florida’s summary administration threshold, or
There are disputes among heirs or creditors, or
Complex assets such as real estate or business interests are involved\

In formal administration, the probate court:

Validates the will
Appoints a personal representative
Issues Letters of Administration , which authorize the representative to collect, manage, and distribute assets

Real-Life Example

I frequently see heirs bring a will to a bank expecting access to accounts. The bank refuses—not because the will is invalid, but because only the probate court can issue Letters of Administration . Without those letters, financial institutions cannot legally release assets.

Formal administration typically takes 6 to 12 months , and longer if disputes arise.

Summary Administration

Summary administration is a shorter, simplified probate process available when:

The estate qualifies under Florida law, and
The estate is relatively straightforward with minimal disputes

While summary administration can save time and money, it is not appropriate for every estate . Creditors, real estate ownership, and asset titling must be carefully reviewed before choosing this option.

Professional Insight

Many people assume summary administration is “easy probate.” In practice, mistakes here can cause significant delays or even require reopening the estate. My background as both a CPA and estate planning attorney allows me to spot financial and legal issues before they become costly problems.

Ancillary Probate

Ancillary probate is required when a Florida resident owns property outside of Florida , or when a non-Florida resident owns real estate in Florida .

This type of probate works alongside the primary probate case in another state and focuses solely on the out-of-state property.

Common Scenario

I often handle ancillary probate cases involving Florida retirees who own vacation homes or investment properties in other states. Without proper planning, heirs are forced into multiple probate proceedings , increasing time, legal fees, and stress.

Contested Probate

A probate becomes contested when heirs or interested parties disagree about:

The validity of the will
Who should serve as personal representative
How assets should be divided

Contested probates are common in:

Second marriages
Blended families with stepchildren
Situations where personal property, jewelry, or real estate distributions are disputed

Case Insight

I’ve seen families torn apart when children cannot agree on paying funeral expenses, dividing personal property, or deciding whether to sell the family home. These disputes can turn a routine probate into a lengthy court battle without experienced legal guidance.

Why the Type of Probate Matters

Choosing—or being forced into—the wrong type of probate can:

Delay asset distribution
Increase legal and court costs
Create unnecessary family conflict

This is why proper planning is critical. If you have to read the will to determine who receives an asset, probate is required to transfer that asset legally. Understanding this concept helps families avoid surprises after a loved one passes.

How to Avoid or Simplify Probate

In my practice, I regularly help clients reduce or eliminate probate through proactive estate planning :

Revocable trusts that hold assets outside of probate
Beneficiary designations on bank and brokerage accounts
Quitclaim deeds adding heirs as remaindermen for real estate

These strategies can dramatically reduce delays, expenses, and emotional stress for surviving family members.

Who Should Be Paying Attention to This?

If you are a Florida retiree who owns a home, vacation property, or investment real estate , probate planning is essential. Many people mistakenly believe having a will alone avoids probate—it does not.

Whether you need to:

Update an existing estate plan
Create a plan for the first time
Handle probate after a loved one’s passing

Working with an experienced probate attorney ensures your family is protected and your wishes are carried out properly.

Final Thoughts

After more than four decades of handling every type of probate case in Florida, I can confidently say this: the right planning today can spare your family months—or years—of legal frustration tomorrow.

If you would like to review or update your estate plan, or if your family needs guidance through the probate process, I encourage you to contact my office. Proper planning brings peace of mind—both for you and for those you love.

Florida Estate Law: What To Know About Estate Planning in the Sunshine State

Sun, 07 Dec 2025 21:05:17 GMT

For those unfamiliar with Florida estate law, there can be the assumption that “estate planning” is reserved for those who own a large gated property. Legally, however, an estate plan is nothing more than a set of legal documents that outline your wishes for the distribution of your assets after your death.

Estate plans are critical for anyone who wishes to control and protect their assets when they’re no longer able to do so. Working with an experienced estate planning attorney to prepare a will, trust, and other legal documents can ensure that your estate plan is tailored to your individual needs and goals.

With that in mind, let’s take a closer look at what an estate plan entails, the benefits of estate planning in Florida, and how partnering with a law firm well-versed in the intricacies of Florida estate tax laws will make sure that your wishes are met.

Florida Estate Tax Laws and Estate Planning Explained

Florida estate tax laws are some of the most liberal in the country, with many folks moving to the Sunshine State to take advantage of the friendly estate laws. As we mentioned above, an estate plan is simply the legal documents you’ll need to make sure all of your assets are distributed per your wishes after your death.

What is included in an estate plan

Will

The most common part of an estate plan is the will, which in Florida is known as the Last Will and Testament. This document will legally declare such information as who the executor of the estate will be, who the beneficiaries are, how the assets will be distributed, and the names of guardians in the case of minor children.

Trust

A trust is a fiduciary arrangement that allows for a third party (trustee) to hold property and other assets for the beneficiary both during their lifetime and after. Most trusts are revocable, meaning they can be modified at any time by the person establishing the trust (for more on how to dissolve a revocable trust click here ). Florida trust laws require trusts to be drafted by a licensed attorney, and doing so will help you and your beneficiaries avoid any expensive legal issues down the road.

Power of attorney

A power of attorney gives legal authority to a trusted individual who can make decisions and act on your behalf if and when you are no longer physically able to do so. Depending on the language of the legal document, this could entail legal, financial, and medical decision-making powers.

Other documents

Every individual situation is different, and it’s possible you’ll need an estate planning attorney to draw up other legal documents to protect your assets, such as Florida’s homestead exemption, spousal property ownership splits, and healthcare directives.

Benefits of Estate Planning in Florida

Considering the liberality of Florida estate law, it’s not difficult to see the many benefits of having an estate plan. Not only will you be able to make important decisions about your future and protect your hard-earned assets during your own lifetime, but it will also allow you to provide for your dependents after your death. In the end, making an estate plan will save you time, money, and excessive stress for both you and your loved ones.

Hire An Experienced Estate Planning Attorney

There are inevitably going to be estate planning costs when you hire a seasoned lawyer who’s an expert in Florida estate tax laws and Florida trust laws. But the benefits and security offered— specifically, tailoring your documents to your needs and ensuring that the estate plan is properly executed—will be well worth the investment in the long run.

Estate planning is an important process that everyone should consider, regardless of age or wealth. By working with an experienced estate planning attorney, you can ensure that your wishes are carried out and your loved ones are protected. The law firm of Walser & Herman is dedicated to helping clients throughout Florida create customized estate plans that meet their needs and goals.

The post Florida Estate Law: What To Know About Estate Planning in the Sunshine State appeared first on Walser Law Firm .

What Is Probate?

Sun, 07 Dec 2025 20:24:14 GMT

Expert Insights From an Attorney With 40+ Years of Experience

If you’re a Florida homeowner or retiree, understanding probate is essential—whether you’re planning for the future or handling the estate of a loved one. With over 40 years of experience in probate and estate planning, a background as a CPA, and a Master’s in Estate Planning, I’ve guided families through every type of probate case: from simple formal administration to complex contested estates involving multiple heirs and properties. Here’s what you need to know.

Probate Explained in Plain Language

Probate is the legal process that determines who inherits a deceased person’s assets and ensures those assets are legally transferred to the rightful heirs.

A helpful analogy I use with clients: if you have to read the will to figure out who receives an asset, that asset must go through probate. Probate gives the legal authority to transfer assets like bank accounts, investments, and real estate to the heirs named in the will. Without it, the transfer cannot happen, no matter what the document says.

Common Misunderstandings About Probate

Two misconceptions I see all the time:

• “The bank will accept the will.”

Banks and financial institutions cannot act on a will alone. They require Letters of Administration from the probate court. These letters authorize the personal representative to manage, collect, and distribute the decedent’s assets legally.

• “Probate is quick and simple.”

In reality, probate involves multiple legal steps, court filings, notifications to heirs and creditors, and administrative tasks. In Florida, it generally takes 6–12 months , and longer if there are disputes, multiple heirs, or complex assets.

Real-Life Examples: Why Probate Matters

I often see heirs try to take a will directly to a bank, expecting access to accounts. The bank refuses— only the probate court can validate the will and issue the necessary authority.

The same applies to real estate. If a property doesn’t have a co-owner with rights of survivorship, probate is required before the deed can legally transfer to the heir. Without probate, the rightful heir cannot claim ownership, even if they are named in the will.

Challenges That Arise in Probate

Probate can become complicated when family members disagree :

• Children may argue about paying final expenses or dividing personal property like jewelry.

• Second marriages and blended families can introduce disagreements about selling or distributing assets.

• Contested estates may involve disputes over the will or asset ownership.

With decades of experience in formal administration, summary administration, ancillary probate, and contested estates, I’ve helped families navigate these challenges efficiently and fairly.

How to Minimize Probate Problems

The best way to reduce delays, costs, and stress is proactive planning:

• Revocable Trusts: Transferring assets into a trust can bypass probate entirely.

• Beneficiary Designations: Adding heirs to bank and brokerage accounts ensures a smooth transition.

• Real Estate Planning : Executing a quitclaim deed that names heirs as remaindermen allows property to transfer without court involvement.

Proper planning ensures your family avoids unnecessary stress and expenses after your passing.

Who Should Care About Probate?

If you’re a Florida retiree with homes, vacation properties, or other real estate, probate is likely relevant to you. Many people underestimate how probate works and assume their heirs can simply inherit assets without court involvement.

Even if you already have a will, probate may still be required. If you don’t have an estate plan , now is the time to create one. For families who recently lost a loved one without proper documents, contacting a probate attorney is essential to guide the family with clarity, compassion, and legal precision.

Take Action Today

Probate doesn’t have to be overwhelming. With the right guidance, your estate can be managed smoothly, efficiently, and according to your wishes.

• Update or create an estate plan to protect your assets.

• Consider trusts and proper titling to reduce probate costs.

• Consult a probate attorney if a loved one passed without an estate plan.

With proper planning, you can ensure your family is protected and your legacy is preserved.

Understanding Medicaid Asset Protection in Florida

Wed, 02 Nov 2022 08:13:00 GMT

The process of Medicaid asset protection in the state of Florida can be a bit complicated to understand, but knowing the rules, laws, and regulations can help ensure that your money is going to the proper place, and that long-term care will still be provided.

Proper Medicaid asset protection planning can often blindside individuals, most often seniors, if not handled correctly. Generally, Medicaid comes into effect when a senior requires either long-term or nursing home care. It can be difficult to plan ahead for this long-term care (LTC), as the uncertainty of when it will be needed can affect the ability to gain certain benefits and financial situations without proper guidance. An important factor to keep in mind is that the sources of payment for long-term care are limited to either one’s own money, LTC insurance (a policy purchased in advance with established premium payments), or Medicaid. For this reason, it is of utmost importance to plan ahead, and to understand exactly how Medicaid works.

How Medicaid Asset Protection Planning Works

Medicaid is a means-tested program, which implies that applicants must have limited assets and low income to qualify. While many seniors often desire to preserve their money or pass it on to loved ones, Medicaid eligibility requirements largely interfere with these actions. Medicaid generally wants individuals to pay for LTC with their own money first before stepping in. If an individual seeks to move their money elsewhere, or put it aside for something such as inheritance, Medicaid can identify these decisions during what is known as the “look-back period”, and issue penalties that can disqualify them from the program and force them to pay for their own care. To prevent these issues, seniors are most often advised to consider an asset protection trust.

How to Protect Assets From Medicaid

Florida Medicaid Asset Protection Trusts are a viable planning strategy to meet Medicaid’s asset limits when an individual has excess assets. Medicaid Asset Protection Trusts, often referred to as Medicaid Planning Trusts or Home Protection Trusts, seek to protect an applicant’s assets from being counted toward eligibility. Assets plac ed into these trusts are no longer considered owned by the Medicaid applicant, and also protects assets for the applicant’s family or loved ones, which is a huge win-win situation for many. As most look-back periods performed by Medicaid extend over the previous sixty months (except for California), a Medicaid Asset Protection Trust must be made at least five years in advance.

Florida Medicaid Asset Protection Trusts are created by an individual known as the grantor, trustmaker, or settlor. There must then be a trustee who manages and controls the assets in the trust, however, this person cannot be the trustmaker themselves nor the spouse of the trustmaker. It instead must be an adult child or another relative of the trustmaker. Beneficiaries also come into play as those who receive trust benefits after the trustmaker has passed away. All designated persons within the trust must adhere to strict rules and regulations which are set by the state. Medicaid Asset Protection Trusts must also be irrevocable, which means that the trustmaker no longer owns any of the assets within the trust, nor can they regain ownership of them. If the assets are revocable, Medicaid considers the assets to still be owned by the applicant, and are then counted towards Medicaid’s assets limits.

Components of Irrevocable Asset Protection Trusts for Medicaid

Irrevocable Asset Protection Trusts must be established by either the LTC-seeking individual or an attorney-in-fact five years before applying for Florida Medicaid benefits. Other key components to keep in mind include:

Find an Elder Care and Medicaid Attorney

Walser Law has been providing elder care and long-term care services in Florida for more than 30 years. We understand that the costs of living in a nursing home or assisted care facility are astronomical, and the complications of Medicaid can be tough to tackle on your own. We recommend working with one of our qualified elder care attorneys in Boca Raton or Palm Beach, so you can plan for this eventuality in advance, and ensure that you have the means to acquire the quality care you need. For those interested, please contact us today with any questions you may have.

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How Long Does An Executor Have to Settle An Estate In Florida?

Fri, 30 Sep 2022 05:18:00 GMT

To answer the question, “how long does an executor have to settle an estate in Florida?” an individual should be aware of a number of facets of the state’s probate process. An executor’s time to settle an estate varies considerably depending on assets, and there are multiple ways of achieving this process. To better understand the probate laws in Florida, let’s review the Florida executor requirements and essential deadlines a person should be familiar with when settling a loved one’s estate.

How to Become Executor of Estate in Florida

The legal requirements for becoming an executor in Florida are relatively straightforward. To meet the Florida executor requirements, an estate executor, known as a personal representative, must be at least 18 years of age, have no felony convictions, and be considered mentally and physically capable of carrying out their responsibilities. Other requirements maintain that individuals can only act as personal representatives if they’re related to the estate holder by either blood, marriage, or adoption.

To become an executor in Florida, you must file an Application for Administration for an intestate estate. Florida law also requires an applicant to seek a qualified attorney who can complete and submit the application. This application is then submitted to the Probate Division for the Circuit Court in the proper county.

Executor Fees

Florida executor fees are based on the value of the estate. If the estate value is $1 million or less, your fee is 3% of the estate assets. If the estate value is between $1 million and $5 million, your fee is 2.5% of the estate assets. If the estate value is between $5 million and $10 million, your Florida executor fees are 2% of the estate assets.

Timeline of the Florida Probate Process

The Florida Probate Process timeline differs by the type of probate filed within the state. There are two main types in Florida: a formal probate administration and an informal (or summary) probate administration. There is also a disposition without administration, but these are available in very few circumstances.

To more easily break it down, here is a simple list of steps and events that one should undergo directly after the estate owner’s death:

Walser Law Firm

Due to the complexity of the Florida probate process and Florida executor requirements, it is highly advised to hire an estate attorney to guide you through every step of the process. Walser Law Firm has been guiding Florida residents through probate for over 30 years. We cover everything from estate planning, elder law, probate administration, and trust administration.

If you need an experienced and reputable elder law attorney, contact us today to learn more about our services or schedule a consultation.

The post How Long Does An Executor Have to Settle An Estate In Florida? appeared first on Walser Law Firm .

What You Should Know About Medicaid Planning

Thu, 04 Aug 2022 13:08:00 GMT

Due to the complexity of the Medicaid application and eligibility process, it can be quite a challenge to get started on your Medicaid planning . Since these programs differ greatly between states, the body of rules, regulations, and requirements that govern them change often. For this reason, numerous Medicaid planning services exist to help individuals with various complications and financial circumstances that arise during the application process.

To help you better navigate this convoluted domain, we’re sharing some basic knowledge about Medicaid planning to explain why and when an individual might need these services.

What Are Medicaid Planning Services ?

Medicaid planning refers to any assistance provided to a potential Medicaid applicant in preparation for their Medicaid application. This can be as simple as assistance with the collection and preparation of documents, or as complicated as a complete restructuring of one’s financial assets. While everyone’s situation and assets are entirely different, some primary reasons why an individual would consider using Medicaid planning services include:

When Does An Individual Need Medicaid Planning Assistance ?

In many states, the most pertinent Medicaid eligibility factor is the value of one’s countable assets, with the limit being approximately $2,000 for a single applicant. If an individual has less than $2,000 in countable assets, Medicaid planning assistance may not be needed at all. Further, if an applicant has countable assets between $2,000 and $15,000 (or $30,000 if married), they can probably avoid using a Medicaid planning advisor, and instead look into self-planning.

Various family situations can also impact the need for a Medicaid advisor to help with your assets. These can include situations like:

The Cost of Medicaid Planning Services

Those looking to get started with Medicaid planning assistance can expect to see fees ranging from $3,000-$15,000, depending on the state and other factors. This is typically related to the amount of income and assets an individual has, as well as other complicating factors like marital status, home ownership, life insurance, veteran benefits, etc. Another aspect to take into consideration is what type of service provider you’re using for your Medicaid advisor , be it an elder law attorney, eldercare financial planner, insurance agent, or other providers, as this can affect the cost.

The Medicaid Planning Process

Most Medicaid planning assistance providers will begin with a free consultation to go over your assets, health status, family situation, and other facets that will go into your application and eligibility determination. They will establish the likelihood of success, and examine all of your information to determine whether to accept you as a client, as well as generate a cost estimate.

As an elder law attorney in Florida, Walser Law Firm has been assisting Florida seniors with life and estate planning for more than 30 years, with a team of lawyers who can help you plan for your future health and life needs. Contact us today to learn more about our practices , or to schedule a consultation for your Medicaid planning needs.

The post What You Should Know About Medicaid Planning appeared first on Walser Law Firm .

Second Marriage Financial Advice

Thu, 21 Jul 2022 08:06:00 GMT

Matrimony is always a cause for celebration, but for those who are entering their second marriage, financial advice for your estate planning can help you avoid a mess of problems later on. Individuals who remarry following a separation often have children and other dependents who are eligible to receive benefits and assets. With proper estate planning, you can itemize assets and assign them to the correct beneficiaries, who will receive them upon your death. This can help save your family from the arduous and emotionally draining task of dividing assets in the absence of a will, or estate.

While a second marriage can feel like a fresh start, it’s important to understand how joining your life with another, while also planning for your biological children, can impact your overall financial plan for dependents from your first marriage. Since this scenario is experienced quite commonly, let’s take a look at the complexities of estate planning for second marriages.

Key Considerations For Estate Planning and Second Marriages

There are multiple aspects to consider when estate planning for a second marriage, and you and your new spouse should have a very distinct and clear understanding of both financial sides before starting the planning process. Some key things to consider when evaluating you and your spouse’s assets include:

By considering these questions and thoroughly covering all areas of your finances, both you and your spouse can gain an insight into what needs planning, what doesn’t, and what the best course of action to take will be. These considerations can also help determine whether or not you both wish to sign a prenuptial agreement to protect individual assets. These are often advised for second marriages, especially when certain assets may already be set aside for beneficiaries in a will or living trust.

What is Fair in a Second Marriage and Estate Planning?

In Florida, state law has provisions designed to protect a surviving spouse or second spouse, which override the terms of a person’s estate planning documents (wills, trusts). If you are in a second marriage and wish to protect your assets, children’s inheritance, or any other aspects of an estate, these laws must be addressed in your new second marriage financial planning documents.

How Does the Estate Work in a Second Marriage?

In the state of Florida, the Elective Share law dictates that a surviving spouse is entitled to at least 30% of a deceased spouse’s estate. This can mean anything from property owned individually by the deceased spouse, a revocable trust, or any share of property owned jointly with another person. Under the Elective Share law, the surviving spouse can elect to claim his or her right to this share. To maneuver around this state law, many turn to a premarital agreement. The purpose of this document is for you and your new spouse to waive your rights to an elective share, and other rights created by marriage. However, you can choose to waive some of your rights, which often requires the need of an estate planning service or advisor.

Tips For Estate Planning and Second Marriages

Consider speaking with a professional estate law advisor to cover all details regarding both spouses’ estates. From beneficiary designations, to bank accounts, retirement accounts, property, and other assets, an advisor can create a clear path for you and your spouse while also indicating any gaps in your second marriage financial planning portfolio.

Trusts can also be incredibly beneficial to both sides of a second marriage. Marital trusts, which only come into effect when a spouse dies, can make a huge difference in assuring that all assets are designated properly to both sides, while living trusts can benefit an individual and their rights as well.

Are you in need of a second marriage financial planning advisor? When you work with a Florida estate planning attorney from Walser Law Firm , you work with an expert who understands that your estate is a reflection of years of hard work, careful planning, and good decisions. Contact us today for any questions or comments regarding our practices , or to schedule a consultation.

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What Are Letters of Administration?

Thu, 23 Jun 2022 03:54:00 GMT

When someone dies and does not leave a will, a letter of administration (or letters testamentary) is used to legally permit a person with the power to become administrator of the deceased’s estate. When this happens, the chosen individual (who is usually a close family member or friend), takes on the responsibility of sorting out all the money, property and assets left behind by the decedent. Still, many probate laws vary between states, and the means for receiving a letter of administration can be a lot to handle, especially in a time of loss. Here’s a closer look at the process, requirements, and legal purpose of letters of administration to help with clarification.

Grant of Letters of Administration

A grant of letters of administration is an official court document that proves an individual has the authority and is responsible enough to handle a decedent’s estate. It grants the individual the right to become administrator of the estate, which gives them various permissions such as:

A grant of letters of administration differs from a probate letter, or grant of probate, in that in the latter instance, the deceased individual has provided a will. However, a letter of testamentary may still be required in some cases, such as if the will is invalid — if no executors are named in the will — or if the executor named in the will is unable to carry out their responsibilities.

An administrator of an estate also slightly differs from an executor. Both roles are meant to distribute assets and property, but in the case of administrators, intestacy laws decide what is given to beneficiaries.

Who Can Be an Administrator of an Estate?

When a deceased individual does not provide a will, the role of administrator will usually go to the closest family member, whether it’s a next-of-kin, spouse, or other significant relatives. The standard procedure generally goes from the spouse (if the decedent was married or in a civil partnership) → children → parents → siblings → other relatives (aunts, uncles, cousins, grandparents).

Once an individual has been to handle the estate, they have every right to hire a professional to help them in various aspects of the probate and administrative processes. Estate administration services can help in situations such as:

How to Get Letters of Administration

In order to receive a grant of letters of administration, an individual must retain an attorney in order to submit an application to the probate registry. Individuals may not file an application on their own.

For those considering a service, some things to take into consideration when speaking to your probate solicitor include:

Walser Law Firm

If you’re in need of an estate administration service to help you receive a grant of letters of administration, contact Walser Law Firm to get started. Our Florida probate law firm has been providing trust and estate legal services to the Palm Beach County community for more than 30 years. Explore our detailed and professional estate planning services today to learn more.

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What Are Estate Taxes?

Thu, 12 May 2022 13:52:00 GMT

You might think it a strange practice to tax an individual’s right to distribute their own property after passing, but estate taxes constitute an important part of the process, and it’s something you should absolutely understand if only to ensure the right amount of tax is being levied.

Estate taxes are one of the oldest forms of taxation on the books. But, you might not be aware of them if you haven’t dealt with a situation where this sort of tax applies. In a process that can already prove complex or lengthy, knowing the specifics of estate taxes, including what they are, who’s responsible for paying them, and the difference between estate taxes and inheritance taxes, is paramount.

Below, we’ll take a more granular look at the estate taxes and their greater role in the distribution process of an estate.

What Are Estate Taxes?

Estate taxes are a tax levied on an individual’s assets after their death. This is a federal tax, and only applies to estates of a certain size ($12.06 million or more in 2022; up from $11.7 million in 2021). For married couples, that amount is doubled.

Because the amount is so high, the estates of most people will not be liable to a federal estate tax upon death. And while some states have their own estate taxes, they too are only levied on large estates and do not impact a majority of Americans.

Estate Tax Rates

In instances where estate taxes do apply, rates vary based on the total taxable amount. This amount is calculated as the total assets an individual possesses above the $12.06 million threshold. The more money a person has above that amount, the more money the estate tax will apply to—and the higher estate tax rates they’ll pay.

The lowest estate tax rate is 18% for estates that are $0 to $10,000 above the threshold. The highest is a 40% tax rate for estates that are $1,000,001+ above the threshold, plus a base rate payment of $345,800. If you are subject to estate tax, an estate attorney will be able to let you know what your exact rate is and whether you will also owe a base rate payment.

Who Pays Estate Taxes?

As covered in the “what are estate taxes?” section above, only the wealthiest Americans pay estate taxes. In instances where there is a surviving spouse, the estate will be fully transferred to them without any estate taxes levied. When the spouse dies is when estate taxes will be taken out, even if the estate is then transferred to his or her children.

Estate vs. Inheritance Tax

Estate tax and inheritance tax are two terms that often get confused, but there is a notable difference between them.

While estate tax is a percentage of wealth removed from a deceased person’s estate, an inheritance tax is an amount that an individual owes for inheriting someone else’s wealth. Similar to with estate taxes, inheritance taxes do not apply to surviving spouses. They may not apply to children either, depending on the state.

There is no federal inheritance tax. Likewise, only six states in total have an inheritance tax, and only one (Maryland) has both an estate tax and an inheritance tax.

Proposed Changes to Estate Tax Laws

In recent years, there have been a number of proposed changes to the federal estate tax, though it is unclear at this point whether any of these proposals will ever become law.

One proposed change is called the “For the 99.5% Act,” which, among other suggested changes, would lower the estate tax exemption from its current amount of $12.06 million to just $3.5 million. Another proposal, the “Sensible Taxation and Equity Promotion Act,” or STEP, would not lower the exemption amount but would make some changes to how various estate planning techniques play out in relation to the tax.

Neither of these proposals have been enacted, so current estate tax laws still apply.

Want to Know More?

Estate planning and taxes are complicated subjects with a lot of nuance to them. For more information, including a consultation based on your personal estate, please contact our office today to speak to a qualified estate attorney.

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What is Trust Administration?

Fri, 29 Apr 2022 04:10:00 GMT

Individuals looking to begin the process of estate and trust administration commonly find themselves asking a few questions: what is trust administration? What does trust administration do? And, why is it a vital aspect of any proper estate plan? These are all excellent questions, and we’ll touch on these subjects, and more. To ensure that you’re taking all of the necessary steps when designating your assets, here’s what you should know about trust administrations, and the value they provide for you and your loved ones.

What Are Trust Administration Services?

The trust administration definition typically refers to the management of an estate prior to an eventual transfer of a property held in trust. So, what does that mean? Essentially, trust administration services ensure that all property designated by the creator of a trust goes to the proper beneficiaries, which is determined in a trust agreement.

Under a trust administration, the creator of the trust (commonly referred to as the “trustor” or “settlor”) determines how his or her assets are to be distributed at the time of their death. The trust also specifies a trustee, which is often a family member or close friend (can also be a lawyer), who will carry out the wishes of the trustor. The trustee is the individual who assumes a multitude of responsibilities following the trustor’s death, some of which can include, but are not limited to:

Advantages and Disadvantages of a Trust Administration

When compared with the standard, court-supervised probate process, a trust administration is a much more private, cost-effective, and efficient method for distributing assets. With a trust administration, you have a greater level of privacy as there is no court supervision throughout the process, and trust documents are not available to the general public. Still, a trust administration can sometimes bring on its own challenges, and often requires detailed correspondence with an estate law attorney or financial advisor.

One of the more prominent disadvantages of a trust administration is the lack of court supervision for certain discrepancies, often between beneficiaries. Managing these situations often requires extensive time and effort to resolve.

Trust Administration Fees

In order to properly analyze trust administration fees, a person must already have a clear understanding of how extensive their estate is, as well as the amount of beneficiaries, and a number of other factors including taxes, insurances, 401k’s and other financial accounts. Fortunately, your estate law attorney will go through the detailed process with you, letting you know throughout every step what you should be expecting to pay.

Walser Law Firm – Elder Law and Probate Attorneys

For more than 30 years, the team at Walser Law Firm has provided South Florida residents with the gold standard of elder law, probate, and estate planning. When it comes to trust administrations , we will walk you through all of the various types of options available, as well as assist you in setting forth all legal preferences for your estate within your will.

Our experienced Palm Beach probate attorney and trust administration lawyers handle every case with compassionate insight and unparalleled legal guidance. We understand that your trust is your legacy, and we take every step to ensure benefits are distributed correctly. For more information regarding our services, contact us today.

What is a Special Needs Trust?

Fri, 15 Apr 2022 04:12:00 GMT

What is a special needs trust? This is a common type of trust with a very important purpose, and it’s one that you’ll want to understand fully if you have a loved one who would benefit from this level of support.

Below, we’ll discuss in further detail what special needs trusts are, how they’re different from other types of trusts, as well as the purpose and benefits of setting one up.

What is a Special Needs Trust?

A special needs trust (sometimes referred to as a supplemental needs trust) is a legal arrangement outlined in a will that provides designated money or property to a loved one with a disability. It also designates a trustee, which is a person or entity who is responsible for overseeing the care of the recipient of the trust and managing their assets.

The biggest benefit of a special needs trust is that it provides supplemental support without interfering with an individual’s eligibility for public assistance programs like Supplemental Security Income (SSI), Medicaid, or Medicare—all of which have strict income requirements. Instead, an individual who is chronically ill or physically or mentally disabled can redeem both the benefits of the public assistance programs and the assets of the trust, which can make a big difference in their overall quality of life.

Understanding the Purpose of Special Needs Trust Provisions

There are three primary functions of a special needs trust:

This legal arrangement benefits the person who establishes the trust as well, ensuring that their loved one will be cared and provided for even when they are not able to take a direct role. In this way, a special needs trust is one of the most beneficial trust arrangements for people with disabilities and their families, and can help provide for additional life-enhancing services, including therapies, medical assistance devices, care facilities, transportation costs, and anything else needed to sustain an individual’s standard of living.

How Does a Special Needs Trust Work?

A special needs trust is set up during the will establishment process with the help of a specialized attorney . During this process, the party creating the trust will work with their attorney to determine how much supplemental income is needed and how much they can provide. Ideally, this will be enough to cover any care and living expenses that are not already covered by public assistance programs, though there are certain limitations to what the funds can be used for, the specifics of which an attorney will help parties navigate.

Should you not wish to employ the services of a lawyer, an option to set up a stand-alone special needs trust is also available. There are many online resources that will assist you in creating a special needs trust document and including all the relevant information necessary. However, families or individuals seeking specialized, tailored trust services should always rely on a lawyer for assistance.

In laying out the terms of the trust, the establishing party will also designate a trustee. This person or entity will play a crucial role in trust oversight and disbursement, as well as care decisions.

Notably, this type of trust doesn’t just ensure a disabled individual’s care for the long-term—it also helps protect their assets from creditors or legal challenges. Any funds disbursed through the trust are not liable for seizure, just as they do not count toward income caps for Medicare, SSI, and other federal programs.

Set Up a Special Needs Trust for a Dependent Loved One

Our team at Walser Law Firm has more than thirty years of experience helping families set up supplemental needs trusts, and can help you take action to protect your loved one both now and in the years to come.

Please contact us today to learn more about our trust services and make sure that discretionary funds are set aside and available for your family member’s care.

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Financial Planning for Widows

Wed, 23 Feb 2022 10:36:00 GMT

Ensuring that your finances are in check after a loss is understandably difficult, but fortunately, financial planning for widows and widowers is a relatively straight forward process that can save plenty of time and money in the long run. Since making adjustments in these unfortunate circumstances will always come with a lot of questions, this guide will serve as a checklist for things you should consider, and routes you should take for your fiscal future.

Estate Planning For Widows and Widowers

It’s often a challenge to pinpoint exactly where to start when moving forward from a loss of a spouse or loved one. However, these tips are sure to inform anyone in these situations with the tools and guidance they need to safely and effectively handle all financial and estate planning for widows and widowers, specifically:

Asset Planning For Widows and Widowers

When you’re inheriting financial assets from your spouse, it’s important to know how each one plays a role in your new estate situation. Some assets to uniquely consider regarding estate planning for widows and widowers include:

Walser Law Firm

If you’re a widow or a widower, looking for a reliable estate planner can be a difficult task. At Walser Law Firm , we’re here to guide you through every step of arranging for and protecting your assets, with more than three decade’s worth of experience providing expert elder law, probate services, and estate planning for widows and widowers in Florida.

We know the ins and outs of surviving spouse rights in Florida, with a lasting commitment to ensuring that our clients can enjoy their lives without worrying about the future. Contact us today for more information regarding our financial planning for widows and widowers, or any of our other services.

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Probate vs Non Probate Assets

Mon, 21 Feb 2022 07:30:00 GMT

When planning out your estate, understanding the difference between probate vs non probate assets can be a challenge. These two asset types often deliver significant differences with how they handle certain finances, so it’s critical to know how they work, and what benefits they offer that are set to your unique and individual needs.

If you are wondering, "What is Probate?" , check out the comprehensive guide!

Understanding Probate Assets

After a court determines that a person’s will is legally valid, the estate is administered by the executor, who carries out tasks such as accounting for and distributing all assets, as well as paying estate taxes and debts. This is a multi-step process, and often takes time to move forward.

Probate assets are those that are held in your name only, without other beneficiaries or rights of survivorship. When you die, these assets are distributed through the terms of your will. In cases of intestacy, Florida has specific rules regarding where these assets go, and in most cases it goes to the decedent’s spouse if applicable. But if a personal representative is named, it becomes their responsibility in handling these assets. Here’s how to account for assets in probate, as well as the types of probate assets there are:

Understanding Non Probate Assets

In cases of non probate assets, these usually have a beneficiary designation or are held as joint tenants with survivorship rights or payable on death. For non probate assets, a will does not control how these are distributed, and they are not handled by a probate court. Some non probate assets include:

How to Account For Assets in Probate

When it comes to understanding probate rules and processes, it’s important to know how to account for assets in probate. A personal representative, or executor, is most often the person tasked with handling the duties regarding transferring property from the decedent’s estate to the heirs. These duties can include:

Executors are advised to meet with an attorney to facilitate these duties, and eventually file a petition with the probate court to move forward with their probate assets. The attorney will go over any wills and death certificates, and identify any of the debts a decedent may owe.

Walser Law Firm, Elder Law and Probate Attorneys

After analyzing your probate vs non probate assets, your next move should be to contact an estate planning and probate attorney to go forward with your assets.

It’s always important to have experience by your side when you’re planning out the future of your estate, as well as handling your probate vs non probate assets. Walser Law Firm is here to guide you through every step of arranging for and protecting your assets, with more than three decades’ worth of experience providing expert elder law, probate services , and estate planning in Florida.

Our Trust and Estate law firm is equipped with experienced Florida Probate attorneys who can provide affordable and timely probate services for the settling of an estate with property located in any of Florida’s 67 counties. For more information regarding our services, contact Walser Law Firm today.

Estate Planning For LGBT Couples

Thu, 11 Nov 2021 07:06:00 GMT

Estate planning for LGBT couples is certainly one of the many financial decisions impacted by the long-awaited legalization of same-sex marriage. Prior to the 2015 Obergefell vs. Hodges Supreme Court decision, same-sex couples were unable to withhold many of the same legal securities that heterosexual couples were guaranteed. However, even now, after same-sex marriage has become recognized by the state, the process of many of these legal instances, such as LGBT estate planning, can be different, and it’s important to understand the steps necessary when considering a financial plan for the future.

The Importance of Wills

For LGBTQ+ couples who are married or in a domestic partnership, the importance of a will can ease many financial uncertainties. The intestacy laws of most state statutes rarely include a domestic partner, and without a proper will, they will be disinherited from any assets regardless of intentions.

For married couples who don’t want to jeopardize their spouse’s inheritance, a trust may be a good option. Establishing a trust offers exceptional asset protections to wills, especially when they are contested. However, if a trust is likely unobtainable, individuals can create a “no contest” clause in their will that explains why they are leaving certain assets to a spouse instead of their family.

Legally Naming Partner or Spouse

While a will is an essential part of any estate planning, same-sex spouses tend to have a greater challenge when making financial or medical decisions for partners who are incapacitated or unable to communicate. Fortunately, many estate planning documents exist to allow for an individual to grant authority to a partner or spouse, to make financial or medical decisions for them in these cases. Some of these documents include:

Understanding the Unlimited Marital Deduction

The legalization of same-sex marriage allowed for same-sex couples to enjoy the unlimited marital deduction for federal estate and gift taxes. What this means, essentially, is that gay and lesbian couples can now generally leave an unlimited amount of assets to their spouses without triggering a federal estate tax. They can also now roll over assets from a deceased spouse’s retirement account to their own without a mandatory distribution. By utilizing these marital deductions and roll-over assets, same-sex couples can free up considerable liquidity.

Appointing Guardianship For Children

It is not uncommon for courts to make decisions about guardianship for children, and many times the spouse’s family of origin or another biological parent will be given preference. For same-sex couples, it’s extremely important to formally nominate a spouse or partner as a legal guardian for a child, to avoid any complications about who is stepping in when that time comes.

Working With an Attorney For LGBT Estate Planning

To ensure that wishes are carried out during someone’s lifetime, and that assets will pass along in the manner in which they desire, working with an attorney or skilled professional can help any same-sex couple with estate planning. These LGBT wills and trusts attorneys work closely with individuals to make sure that all unique needs are addressed.

Walser Law Firm

Walser Law Firm has been helping diverse families throughout Florida with estate planning and probate services for more than three decades. We understand the positive impact these laws have on the LGBT community in Boca Raton, Palm Beach, and throughout the State of Florida, and applaud the recognition of these important LGBT rights, including estate planning.

The Walser Law Firm fully supports LGBT rights. Our attorneys protect the rights of same-sex couples through crucial estate and life planning tools. Our estate planning services for LGBT couples include writing a will, drafting a living will and power of attorney, addressing guardianship, and many others. If you or someone you know wishes to take the right steps in estate planning, feel free to learn more about our exceptional services or contact us today.

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Understanding the Different Types of Guardianship in Florida

Wed, 18 Aug 2021 05:34:00 GMT

The many types of Guardianship in Florida all come with their distinct purposes, and it’s important to know how they work to prepare for all of life’s uncertainties that may call for their existence.

An unsettling truth we all face is the possibility that an emergency may interfere with our daily lives at any point. And, while it’s difficult to confront these thoughts constantly, it is very important to be proactive in our understanding of what can happen in these scenarios, particularly for our families and friends. The types of Guardianship in Florida range widely to cover nearly all of these “what-ifs”, as well as other situations that don’t necessarily relate to loss, or death.

What Are Guardianship Rights in Florida?

A guardian is a surrogate decision-maker appointed by a court to help make financial or personal decisions for an individual. Florida law requires the court to appoint a guardian for a minor in the event that their parents die, or become incapacitated. State law also allows for voluntary/involuntary guardianship. Voluntary guardianship is granted in situations where an adult is physically or mentally incapable of making certain decisions, but they voluntarily petition for the appointment. Involuntary guardianship is when someone else makes the decision to appoint a guardian through the court.

In most circumstances, the court decides what rights a guardian may have over an individual. Whether it is a minor who can’t make decisions for themselves, or an adult with a disability, it is the court’s duty to appoint a guardian to protect the individual’s rights. All minor and adult guardianships are subject to court oversight.

Specific Types of Guardianship

Various types of Guardianships exist barring certain circumstances that may call for specific reasons to request Guardianship in Florida. These can include:

If the court believes an individual may be in immediate danger, or at risk of having property wasted or lost, an Emergency Guardianship will be granted. The court specifically lists the duties of the guardian in a written order until they are potentially granted permanent guardianship, usually handled in a small hearing.

This occurs when parents or other legal guardians temporarily allow someone else to care for their child or loved one. This isn’t always a situation where there is concern for an individual’s well-being. It can be granted to an individual’s family member or loved one if the parents are out of the country and can’t handle tasks such as medical care or school enrollment. This temporary guardianship usually continues until the court decides whether to grant permanent guardianship, name someone else, or restore the individual’s rights.

In instances where an individual is only partially incapacitated, and can only make some, but not all, of their own decisions, a Limited Guardianship may be granted. Guardians appointed in this way lose some but not all of their rights, and can only take actions appointed by the court. However, they will keep all rights not taken by a court order.

When an individual has been deemed totally incapacitated, they are then placed under what is known as Full or Plenary Guardianship. It is the most restrictive type and few people require it, as individuals under it cannot retain any rights.

If an individual has a developmental disability or has been deemed by a psychiatrist as incompetent to consent to treatment, a Guardian Advocate is often appointed. The Guardian Advocate is then able to obtain legal authority to act on behalf of the individual who may only be partially able to make decisions on their own. However, the individual is not required to be declared as incapacitated. Florida law requires Guardian Advocates to allow the person to participate in decisions affecting their life, and they are mandated to notify the court if the person under guardianship has retained some capacity.

Court-Deemed Incapacitation

A guardian may not be granted to an individual who simply makes poor decisions for themselves – they must be proven to be incapacitated in some manner. A court-appointed exam will assess a person’s physical and mental capability to determine whether or not they require legal guardianship. In some situations, the court has the ability to rule a child as emancipated, meaning they are legally treated as an adult. However, if this isn’t the case, the court will appoint a guardian who assumes the responsibilities of a parent until the child reaches 18 years old.

Walser Law Firm

Our team at Walser Law Firm is here to help you establish guardianship or handle matters regarding a legal relationship. We understand that these decisions come with their uncertainties and legal ramifications, and our job is to ensure that you are given the proper guidance and care through a difficult situation. We have been assisting individuals through this process for over 30 years, and pride ourselves on protecting the rights of guardians/wards, and helping those responsible for others’ well-being through every step of the process. Contact us to schedule a consultation with a guardianship attorney, or for any general questions, so we can strategize a solution to your specific circumstances.

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How Does a Special Needs Trust Work?

Mon, 16 Aug 2021 12:59:00 GMT

At Walser Law Firm, we’re often asked the question: How does a special needs trust work? Fortunately, Special Needs Trusts, or SNTs, are very straight-forward, as long as you understand the exact qualifications necessary, and the different types of trusts available given your circumstance.

If you have a disabled dependent like a child with special needs or a loved one in a nursing home, the ability to provide for them is of course a necessity. However, many instances of financial compensation can cause larger issues, like stripping the beneficiary of government benefits they’d normally be able to receive, like SSI or Medicaid. In Florida, there are a number of SNTs available to help you or your loved one stay financially secure, without losing other benefits in the process. So, how does a special needs trust work? Well, let’s first go over the various types of SNTs the state of Florida provides.

Special Needs Trusts in Florida

The two main types of special needs trusts in Florida are First-Party and Third-Party. The difference mainly depends on whose property is funding the trust, but other circumstances allow for a clearer indication of which option is better for you.

These SNTs are most often used when the person with a disability inherits property or money outright. They can also be used when an individual with personally owned assets later becomes disabled, and needs to qualify for benefits with an assets or income limitation. Formed and mandated under Federal Law, first-party SNTs can be established by any legally or mentally competent SNT beneficiary. They are funded with property that belongs to the beneficiary or to which the beneficiary is or becomes legally entitled.

Special needs trust benefits in a first-party SNT are only available for the sole use of that beneficiary, who must be legally classified as “disabled” by government standards. All amounts remaining in first-party SNTs after the beneficiary’s death must be paid back, up to an equal amount of medical assistance benefits paid for by a Medicaid program in their lifetime.

These are most commonly used by persons who wish to plan for a loved one with special needs in advance, such as parents, grandparents, siblings or legal guardians. They can be drafted as a stand-alone SNT, or included in a Last Will & Testament, or an inter-vivos “living trust”. The latter two instances can only come into existence after the death of the individual whose Will or Trust created the SNT. A stand-alone SNT can be used as a receptacle for any lifetime or post-mortem gifts given by the beneficiary’s family or friends.

Special needs trust benefits in a third-party SNT differ in that there is no requirement to use remaining assets for reimbursement toward Medicaid benefits received in the beneficiary’s lifetime. Therefore, these are extremely useful for people who wish to set aside property for a beneficiary with disabilities, and still remain in total control of where the remaining assets go upon the beneficiary’s death.

Who Can Benefit From Special Needs Trusts?

Special needs trust benefits can be provided to a number of different people in a number of different circumstances. These can include:

Walser Law Firm

For over 30 years, our team at Walser Law Firm has been helping people create and maintain Special Needs Trusts for them or for their loved ones. If someone you know could benefit from a Special Needs Trust, please don’t hesitate to contact us today.

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What is the Probate Process in Florida?

Thu, 05 Aug 2021 05:17:00 GMT

When a loved one passes away, it can be challenging to understand how our complicated legal system works, which is why many individuals come to us with a common question: What is the probate process in Florida?

It’s a difficult time for everyone involved, but understanding the probate process can help you and your loved ones move forward. And luckily, it’s less complicated than you’d think.

A probate is a process used in court to handle a loved one’s estate after death. State laws vary, and it’s important to understand the differing timelines and statutes that come into effect when this happens. In Florida, a probate is almost always required when someone passes away. For that reason, knowing the ins and outs of the probate process in Florida is paramount in correctly handling the wills and estates. This includes understanding how to avoid probate in Florida, along with the particular steps one must take to ensure a satisfactory result.

Who Can File Probate in Florida?

When it comes to understanding probate rules and processes, it’s important to know who can file probate in Florida. An executor, or personal representative, is most often the person tasked with handling the duties toward transferring property from the decedent’s estate to the heirs. These duties can include:

Executors should meet with an attorney to facilitate these duties, and eventually file a petition with the probate court to begin the legal ramifications. The attorney will go over any wills and death certificates, and identify any of the debts one may owe postmortem. A key thing to remember is that while a probate attorney is there to guide you, it’s important to have an idea of these things before meeting with them to avoid confusion.

The Legal Probate Process in Florida

Assets left by the decedent are usually distributed through the provisions of their will. They can pay the cost of the probate proceedings, if provided. In cases of intestacy, Florida has specific rules regarding where these assets go, and in most cases it goes to the decedent’s spouse if applicable. But if a personal representative is named, it becomes their responsibility in handling these assets. These assets can be anything from:

How to Avoid Probate in Florida

The easiest way to avoid Probate in Florida is if the decedent provided a trust in their will. This can include an inter-vivos trust, or a testamentary trust, and is given to a person or institution named as the trustee who is responsible for administering this document.

The difference between a trust administration and probate is that a trust administration is not a court-supervised process. As a result, probate is not necessarily required if the decedent had a properly drafted and revised trust. In this case, a trustee takes on the roles of an executor, and must take similar precautions to administer the trust correctly.

Walser Law Firm, Elder Law and Probate Attorneys

Founded in 1983, our Florida probate law firm has been providing trust and estate legal services in Palm Beach County for over 30 years. Our goal is to properly guide you through the legal processes regarding probate and trust administrations, and to ensure that all parties involved are given proper care throughout the process. Whether it’s creating wills and trusts, estate planning , or handling the probate process, we are here to ease the pressure of the legal proceedings that follow a difficult loss.

If you have questions about Florida probate law, or if you require an attorney, our team at Walser Law Firms are here to help in whatever way we can. Please don’t hesitate to contact us for any concerns or inquiries. We pride ourselves on providing timely responses to any and all inquiries, backed by a dedicated, professional, and compassionate staff here to help you and your needs.

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Contesting A Will During Probate

Tue, 14 Nov 2017 19:25:00 GMT

Probate is simply the process of distributing property as directed by the decedent in their Will, or in the event there is no Will, according to the default sequence of inheritance allocated among surviving family members of the decedent (the person who died) determined by each state’s intestacy statutes. Probate is necessary whenever someone passes away while owning a certain amount of assets or property titled in their individual name. The first step of a standard probate administration is to inform the court as to whether a Will is being submitted, and to have the court appoint a person to serve as executor, also known as personal representative, to oversee the administration. The probate process is court-supervised to ensure that the executor fully adheres to the decedent’s desires laid out in the estate planning documents. Sometimes, a Will may be found to be invalid and will not be approved by the judge for probate. During the commencement of the probate administration, any interested party may contest the validity of a Will. Interested parties include any beneficiaries named in the current Will, any beneficiaries names in previously executed Wills, as well as any intestate heirs, such as biological and/or adopted relatives of the decedent, who may or may not have been named in the documents. Disinherited family members have legal standing to file challenges to the estate administration and can cause a great deal of complications. There are several reasons why a Will may be contested, but any party that chooses to present a challenge shall be required to present evidence to support their claim. Below are common reasons for a Will to be contested at probate .

Mental Incapacity

Most people understand that some level of mental capacity or rational thinking is necessary in order to legally execute documents such as contracts. The specific mental requirement to validly execute a Will is referred to as “testamentary capacity.” If you believe that the decedent executed a Will when he or she lacked testamentary capacity, you may contest the document as being void.

It’s typical of families that have loved ones suffering from dementia, Alzheimer’s or mental illnesses to believe that these types of diseases automatically prove that the decedent lacked testamentary capacity, but the mental competency required to execute a Will is much lower than that required for execution of standard contracts. It may not be intuitive, but certain people who aren’t competent to enter a regular contract with a third party, may still be determined to have the legal capacity to sign and execute a final Will. Not only is the standard lower, but the person executing the Will does not need to demonstrate a prolonged track record of mental competence. The testator (the person executing the document) simply needs to have a “lucid moment” during which he executes the Will with the required testamentary capacity by demonstrating that he understands the following elements:

One of the best ways to proactively ward off Will contests based on a lack of testamentary capacity is to have the testator evaluated by a licensed psychologist immediately before executing the document. This option is recommended for people who have significant wealth, are suffering from some form of declined mental capacity, and are expecting conflicts between family members or potential beneficiaries.

Decedent Was Pressured into Making the Will

Undue Influence is another common challenge presented for invaliding a Will. In order to prove that undue influence occurred, you will have to show that a person who the decedent had trusted, abused that trust, and used it for their own benefit in order to become a beneficiary to the estate or trust. For example, if the decedent had a housekeeper that provided him assistance with every day needs as he became older, and the housekeeper threatened to quit if the employer did not provide a gift to her in his estate planning documents, this could amount to undue influence.

The controlling case law on this topic for Florida courts comes from the Estate of Carpenter. This case stipulates that the person claiming the undue influence must show that the decedent was unduly influenced by 1) a substantial beneficiary under the contested document 2) and that beneficiary had a confidential relationship with the decedent and 3) actively procured the Will or Trust.

The Florida Supreme Court provided seven criteria to help determine undue influence:

The Will Was Not Executed Correctly

For a Will to be valid it must comply with formal Will requirements. For example, in Florida:

New York, has an additional “publication” requirement, meaning the testator must declare that the document being executed is his last Will during the execution ceremony with the witnesses.

Although many Wills are drafted by an experienced attorney, some parties choose to utilize pre-written or template documents found online. Documents that have been printed from an online source and filled in by the decedent may be more difficult to defend or confirm proper execution in conformity with legal requirements. If a person has any significant wealth, or expects that his family members may create conflict over their portion of the inheritance, at a minimum he or she should consult an experienced attorney to draft and execute the Last Will and other estate planning documents.

Will Revocation

A Will may be revoked by the testator during his lifetime and therefore, any copy of that revoked document provided at probate will be considered invalid. Revocation may be shown through a physical act of the testator, such as burning or tearing of the original document. Since the examination of the original Will is the only sure way to determine whether a revocation has taken place, the probate court requires that the original document be submitted to the court.

One very common issue that family members run into after the death of a loved one, is that they cannot locate the original version of the Will. Generally, there is no central depository where Wills are registered for safe keeping prior to the death of the testator. Often the original will is kept with the testator in a confidential location such as a safe-deposit box, but unless the family members are informed where to look for such documents, the original may be lost forever. Fortunately, the probate court does allow copies of the executed Will to be submitted to the court, but if the Will is challenged for any reason, the default assumption is that the non-existence of the original Will is evidence that the testator had intentionally destroyed and revoked the document. Submitting a copy of the Will requires additional substantiation in the form of a sworn statement by either a witness who was present at the execution of the original Will, or from the nominated personal representative attesting to the authenticity of the document. This sworn statement is referred to as an Oath of Witness, or Proof of Will.

If you have questions regarding the validity of a loved one’s Will at probate, it is important to seek the advice of an experienced probate attorney. The highly skilled Florida probate attorneys at the Walser Law Firm are happy to assist you with all your probate needs. Call our Florida office at (561) 750-1040 to schedule a consultation today, or fill out our contact form .

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Estate Planning for Same-Sex Couples After Obergefell vs. Hodges

Fri, 17 Jul 2015 19:15:00 GMT

One June 26, 2015 the United States Supreme Court issued its opinion in Obergefell vs. Hodges, the name assigned to a series of consolidated cases on same-sex marriage rights. The Court ruled 5-4 in favor of the petitioners, holding that same-sex married couples are entitled to equal protection under the laws, and that their marriages must be recognized nationwide.

Impact of Obergefell for Same-Sex Married Couples

State laws banning same-sex marriage are effectively invalidated. Same-sex spouses will now enjoy all state tax benefits and other spousal benefits that other couples enjoy. (including marriage, divorce, adoption & child custody, separation agreements & QDROS, marital property, survivorship spousal death benefits, inheritance through intestacy, priority rights in guardianship proceedings, contract rights, etc.)

Couples absolutely should still proactively plan. Just because states recognize marriage doesn’t mean couples should not take control of their will and trust planning, and clearly set forth their wishes in enforceable legal documents. All the good reasons to plan apply just as much to same-sex married couples as well as opposite-sex couples:

Obergefell likely represents the last word on same-sex marriage, elevating these relationships to equal statute with other marriages. While same-sex married couples are now entitled to equal protection under the laws of every state, the efficacy of those laws in ensuring dignity in disability and death, and orderly structured distribution of property after death is very limited for all couples. Families should always take control of their planning and leave as little to state law interpretation as possible. That is best done through careful planning with experienced professionals who can intelligently guide the family through the process.

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