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Estate Planning, Wills, Trusts and Probate

Venice law firm Andrew J. Britton, P.A. offers legal counsel to individuals and families looking to create an estate plan, companies engaged in entity formation and commercial transactions, and businesses and home buyers and sellers in real estate transactions. Contact the firm to discuss your legal matters and to take the first steps to getting your goals on paper.

Estate planning and estate administration

Everyone needs a comprehensive estate plan in place to ensure beneficiaries, businesses and assets are protected in case of the unexpected or the unfortunate. Estate planning lawyer Andrew Britton is prepared to review your estate with you to draft a thorough, customized plan that addresses all of your concerns. Some of the tools he uses to create a plan specifically for you include:

  • Wills
  • Trusts
  • Power of attorney
  • Health care directives (living wills)
  • Charitable gift planning
  • Estate tax planning

Wills

A document of testator that distributes assets owned individually at death of testator.

Personal Representative has duty to supervise estate administration

– Duties – generally obtain inventory and value of assets, obtain information about creditors, file final income tax return, and manage and distribute assets to beneficiaries.

– Power – named in will and appointed by Probate Court.

Beneficiaries named in will receive assets.

Document may be changed or revoked while testator is alive and competent

Florida restrictions apply to distribution of homestead, and to certain omitted spouse and children.

Will substitutes include – lifetime gifts; joint ownership; beneficiary designations; contracts; and revocable living trusts

Wills may be challenged – incapacity; undue influence; mistake; fraud; and failure to follow signing requirements.

Revocable Living Trusts – A trust is an agreement between a grantor and a trustee, for the trustee to manage trust property. A living trust is one signed while the grantor is alive. A revocable trust can be changed or revoked by the grantor while alive and competent.

Requirements to create trusts include: Intent of the grantor; A trustee; Identifiable property in the trust; Beneficiaries to receive the property: Purposes of the trust.

Administration required at death of grantor – Inventory and valuation of assets;

– Review creditor claims;

– Final income tax return;

– Manage and distribute assets.

Our law firm also assists in the administration of your estate, meaning we usher your will through probate and stand by your family as your instructions are followed. We will also assist with the administration of your trust, if you are using a trust rather than a will as your primary estate planning document.

Contact Andrew J. Britton, P.A.

Based in Venice, Florida, the law firm of Andrew J. Britton, P.A. serves businesses and individuals throughout Sarasota County in their transactional needs. For experienced, thorough legal service, call us at 941-408-8008 or contact our law firm online. We look forward to providing quality, responsive counsel to you.