Frequently Asked Questions
About Estate Planning in Florida
What is Probate?
What is Joint Tenancy or Tenancy by the Entirety?
What is a Will?
Anyone with minor children should have a will, because a will is the only document that allows for the appointment of a new guardian for an orphaned child.
Special testamentary trust provisions in a will can provide for the management and distribution of assets and may help avoid taxes.
What is a Living Will?
What does Intestacy mean?
What are Beneficiary Designations?
Beneficiary designations can help avoid probate on the transfer of some assets after death. The laws concerning which assets may be transferred without probate (non-probate transfer laws) vary from state to state. Examples of assets that commonly provide specific beneficiary designations include life insurance policies and retirement accounts. Be sure that your beneficiary designations are current, because they will take priority over any provisions contained in a will or in a trust.
What is a Durable Power of Attorney, and when do I need one?
A durable power of attorney appoints one party (a person, a group of people, or an entity) to make decisions on behalf of another party. If someone does not have a valid power of attorney, and he or she becomes incapacitated, the person will most likely be involved in a probate proceeding known as either a guardianship or conservatorship. Without a properly executed power of attorney, a judge will determine who should make decisions for the incapacitated person under the ongoing supervision of the court.
What is a Revocable Living Trust?
Who Should Have a Revocable Living Trust?
South Florida Estate Planning Attorney Brian C. Perlin, assists clients with Estate Planning, Elder Law, Probate Court, Probate & Estate Administration, Long-Term Care, Medicaid Planning, Veterans Benefits, Charitable Planning, Special Needs Planning, Estate Tax Planning, Business Succession and Asset Protection, in the cities of Miami, Coral Gables, and Kendal, Florida, and the surrounding areas.
Certified Financial Planner Board of Standards Inc. owns the certification marks CFP®, CERTIFIED FINANCIAL PLANNER™ and CFP® (with flame design) in the U.S., which it awards to individuals who successfully complete CFP Board's initial and ongoing certification requirements.
AV® Preeminent™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.