Florida Estate Planning | Probate Law

Pilka & Wells, P.A. knows the importance of ensuring the proper transfer of family assets, the orderly succession of a family-owned business, protecting the future of loved ones, and avoiding probate.

Taxes, particularly those payable at death, can often be reduced or eliminated altogether through proper planning. Proper planning can also ensure the proper control of all of your property, including pensions and life insurance. Federal and state gift and estate taxes take a staggering toll on an estate, but, with the guidance of our attorneys, clients can establish tax effective strategies for transferring assets to heirs and to beneficiaries.Pilka & Wells, P.A. can help you with drafting wills and codicils, health care directives, and powers of attorney, and with assistance with probate, intestate distribution, trusts, and heirship affidavits.

A will, or your last will & testament as some like to call it, provides for the distribution of your assets after your death as directed in the will. Without a will your assets will be distributed in accordance with the Florida Statutes. These statutes could distribute your assets to individuals unknown to you.

A will can state your preference for the appointment of the guardian for your minor children. A will is inexpensive and will ensure that your assets will be distributed to the people or organizations designated by you.

A complete estate plan includes the preparation of documents to plan for incapacity. Such a plan includes a durable power of attorney to provide for handling of your affairs, a designation of health care surrogate for the making of medical decisions and a living will to provide instructions to your doctor, in the event you become incapacitated. If you do not execute these documents and become incapacitated, your family will be required to incur the time and expenses of going through the guardianship process with the probate court.

A properly drafted trust can be a very effective tool for saving heirs taxes, time and expenses. A common misconception is that trust planning is only for the wealthy. However, even people with modest estates can benefit from trust planning. In addition, trusts can be used to accomplish various other goals, such as planning for the special needs of a disabled child, avoiding probate, or preserving the assets of a spendthrift.

Probate is the legal process by which an individual's debts are paid and assets are distributed to beneficiaries upon his or her death. All property titled solely in the decedent's name is considered an asset of his or her probate estate. These assets are owned by the probate estate until their final distribution. For estate tax purposes, an "estate" is defined as the total collection of a decedent's assets whether or not they are put through probate. Administration of the decedent's estate is the distribution of both the decedent's probate and non-probate assets.

Probate laws in each state differ greatly. To ensure a decedent's estate assets are transferred properly, one should seek the expertise of a law firm qualified in the area of probate and estate law.

Guardianship, sometimes also referred to as conservatorship, is a legal relationship that gives one or more individuals or agencies the responsibility of the personal affairs of someone who has been determined by the court to be either incompetent or incapacitated, or has become susceptible to fraud or undue influence. A legal guardian is appointed to make decisions about various personal affairs. These decisions can involve issues relating to the person's health, care, safety, habilitation, therapeutic needs, financial affairs, and others areas of the protected person's life.

The attorneys at Pilka & Wells, P.A. look forward to providing you with comprehensive and cost-effective legal services in estate planning, probate, and guardianship.

Make an appointment today by telephone.

Brandon, Florida (813) 653-3800
Lakeland, Florida (863) 687-0780