Wills, Trust, & Probate

Estate Planning

If something happened to you today, are you prepared? Estate Planning is no longer just for the elderly or for the wealthy. We understand the importance of preparing for the future and the peace of mind estate planning can give you and your loved ones. How can you select a path without direction, information and professional counsel? At Campione & Hackney, we will discuss available options with you, and tailor your estate plan to your unique and specific situation. Every client is different, which is why no two estate plans are identical. We will help you consider both the pros and the cons of each option so that you can make a well informed decision. We believe the true value of estate planning lies in the counseling and not in merely selling you a ream of standard word processing documents that you may not even understand. Further, estate plans should not be signed and placed on the shelf, but reviewed regularly. Campione & Hackney, recognizes the important of creating relationships to better understand and serve your needs today and thereafter.

It’s important for any adult to consider and plan for the future, no matter your stage in life (i.e., single, married, parents). If you were seriously injured in an accident tomorrow, would you want to be on life support? We’ve all heard of the Terri Schiavo case and watched as Terri’s husband and parents fought to the bitter end on whether she should remain on life support. You can take steps to take that decision out of the hands of family members and let your wishes be known through a living will.

Have you recently relocated to Florida? Florida only recognizes the execution of out-of-state estate planning documents that comport with Florida law. We will provide a complete review of your existing estate planning documents and then provide guidance to ensure compliance with Florida Law.

What makes us different than other firms? We will not only review existing estate planning documents but ask questions to better understand your needs. We will guide you through a comprehensive questionnaire and interview process. Considerations for shaping and developing an estate plan dictated by such issues as how you hold title to real and personal property. Have you co-signed for a family member’s mortgage or has someone co-signed on yours. For instant, the Florida Constitution provides certain protections to the Florida homestead, and many times by reviewing our client’s deeds to real property we can alert our clients to potential concerns of succession and creditors’ claims.

Not ready to for a full estate plan, or already have an existing plan and just need to update or add a single document? We can provide necessary counseling in estate planning, and prepare documents as part of a comprehensive estate plan or a single document to meet your needs. Among the documents we will discuss with you, and provide for your estate plan are:

Last Will and Testament

By executing a Last Will and Testament you are able to determine how you want your property distributed at your death. For those who do not have a will, their property will be distributed in accordance with Florida intestacy laws. Do you have a relative you are not particularly close to? Or a friend who has become family? Florida intestacy laws do not take any of this into consideration. To ensure that your property is distributed to those whom you are close with, it is important to execute a Last Will and Testament.

Trusts

Not all trusts are created equal and not everyone necessarily needs a trust. At Campione & Hackney we will discuss with you the different types of trusts and the benefits of each type of trust so that you can make a well informed decision. Considerable misinformation is circulated regarding trusts. Does a trust avoid the claims of creditors? Should you place your home into a trust? Does a trust avoid probate? Does a trust have to be administered at my death? These and many other issues will be discussed to ensure you make an informed decision.

Living Will

A Living Will is a document that allows one to state their wishes when it comes to end of life medical care. Do you want to be kept on life support? A Living Will allows you to make the hard decision a head of time, so that your loved ones and medical providers are not placed in a position to make a decision contrary to your wishes.

Powers of Attorney

A Power of Attorney allows others to make legal decisions on your behalf. A Power of Attorney is a very powerful legal document and it’s imperative that you understand the legal ramifications of this document before executing one. The preparation, execution and implementation of a power of attorney requires knowledge and planning.

Healthcare Powers a/k/a Healthcare Surrogates Health Insurance Portability and Accountability Act (HIPAA) Releases

A Healthcare Surrogate Designation is a “medical power of attorney” that allows you to appoint someone else to make medical decisions for you. Effective October 1, 2015 Florida State lawmakers made some significant changes with regard to the Florida Health Care Surrogate Laws.

There are two major changes every Florida resident should be aware of:

1. Fla Stat. 765.202(6) provides that an individual may elect to designate a health care surrogate who may act while the individual is still capable of making health care decisions, and
2. Fla Stat. 765.2035 creates statutory authority for a parent, legal custodian or legal guardian to designate a health care surrogate who may consent to medical care for a minor.

Preneed Guardian Forms (appointing a guardian for you and/or minor children)

A Preened Guardian Form allows you an opportunity to let the Court know who you believe is best suited to serve as your guardian in the case you become incapacitated. Parents may also execute a Preneed Guardian Form to let the Court know who they believe is best suited to serve as the guardian of their minor children in the case of their death or incapacity.

It’s never too early for estate planning but it can be too late… Contact Campione & Hackney today.

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Probate

After a loved one passes away, it may become necessary to probate their estate, to administer their trust, or to both probate their estate and administer their trust. If a person dies without a will or trust (i.e., they die intestate), the estate will have to be probated and the heirs identified pursuant to Florida law.

Probate can be a long and intimidating process to many, but our experienced attorneys at Campione & Hackney will walk you through the process, step by step. We understand that dealing with a loved one’s estate at a time of grief can be emotional. We are prepared to assist you at that difficult time. We can guide you through the process of marshaling the assets of the estate, notifying the creditors of the estate, paying the claims of the estate, locating the beneficiaries of the estate, liquidating the assets of the estate and, distributing the assets of the estate.

There are several different types of probate:

• Formal Administration, Summary Administration, Disposition without Administration (“Small Estate”) and Ancillary Administration.
• Formal Administration is required for estates:
  –  Value in excess of $75,000 AND
  – Decedent has not been dead for more than 2 years.
• Summary Administration is an expedited process which is available when:
  – Total assets of the estate are less $75,000 OR
  – Decedent has been dead for more than 2 years.
• Disposition without Administration is an option when the decedent leaves only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. This option is not available if any of the assets are real property.
• Ancillary Administration is required when a nonresident dies leaving assets in the State of Florida. (i.e., Florida Vacation Homes).

Unfortunately, many times disputes arise between family members, beneficiaries, and creditors; and what started as a simple probate case ends up in litigation. Probate cases end up in litigation for a variety of different reasons including but not limited to; accusations that a beneficiary procured their inherence through undue influence over the testator, testator died intestate and there is a dispute over who should serve as the personal representative of the estate, or accusations that the testator’s will was not executed with the necessary formalities as required under Florida law. When that happens the litigation team at Campione & Hackney will be ready to guide you through the litigation process.

Probating Estates

After the creator of a will or a trust passes away, it may be necessary to probate their estate, to administer their trust, or to both probate their estate and administer their trust. If a person dies without a will or trust (i.e., they die intestate), the estate will have to be probated and the heirs identified and in some instances located. We understand that dealing with a loved one’s estate at a time of grief can be emotional. We are prepared to assist you at that difficult time. We can guide you through the process of marshaling assets, notifying creditors, finding beneficiaries, liquidating and distributing assets, and paying claims. Unfortunately, disputes sometimes arise between family members, beneficiaries, creditors, and others. When that happens, we can employ our litigation experience on your behalf.

Sample Case:

The decedent passed away without any estate plan or known living relatives. The decedent was an Italian World War II era “war bride” who married an American G.I. and moved to the U.S. Her husband predeceased her by several years. Thus, the entire estate would pass to her family. She had not seen her family in Italy in more than sixty (60) years. Despite not having an estate plan, the decedent had substantial assets, including a home. A close friend of the decedent recognized that her estate needed to be probated and came to us for assistance. After facilitating the appointment of the close friend as the Personal Representative of the estate and engaging a genealogy firm to identify and locate the Italian heirs, if any, the estate was fully probated and assets distributed to the rightful heirs.

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Trust Administration

Trusts may continue many years after the death of the creator of the trust (a/k/a the trust settlor). Problems may arise with the management and succession of trustees under a trust at any time. Trustees often need guidance as to what powers and duties they have under the trust and Florida law. Beneficiaries of the trust may encounter problems with the trustee of the trust and may disagree as to its management or interpretation. The lawyers of Campione & Hackney have experience drafting and interpreting trusts. Sometimes a dispute cannot be resolved informally and an action must be filed with a court to get a declaration as to the meaning of the trust, to replace a trustee, or to enforce rights under the trust.

Call the lawyers of Campione & Hackney if you need assistance with an estate or trust.

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Revocable Living Trust

Revocable living trusts have become very popular over the last couple of decades. They are often “sold” as a means of avoiding both probate and guardianship. They can help in these areas, but they are not foolproof. A trust must be properly funded in order to avoid probate; i.e., the trust must own all of your assets. Even then, it may be necessary to file a probate to notify creditors and cut-off creditor claims. A trust may assist in avoiding a guardian of the property, but not a guardian of the person. This is because neither a trustee nor an attorney-in-fact under a durable power of attorney actually has the authority to control how or where a person lives. We will give you the unvarnished truth regarding the pros and cons of living trusts and then you can decide what is best for you in your situation.

Call Campione & Hackney to discuss whether a Revocable Living Trust is appropriate for you.

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