Contested Guardianships in Clearwater, Tampa and St. Petersburg

ProbateBaskinFleece handles all aspects of contested guardianship litigation in Clearwater, St. Petersburg, Tampa, Pinellas County and throughout the state of Florida.

Contested guardianships are those which involve either the establishment of a guardianship or situations where the alleged incapacitated person may not in fact be incapacitated, or reasonable alternatives to a guardianship exist. Many cases are filed to prevent the exploitation or further exploitation of an individual, often a loved one, by someone who has taken over the financial, medical and social affairs of an individual who is incapacitated and unable to resist the undue influence of others. The Order Determining Incapacity may result in the loss of substantial Civil Rights, including the BaskinFleece handles all aspects of contested guardianship litigation.right to vote; to determine one’s own medical treatment; to handle one’s own financial affairs; to make a will, change a will, gift or disposition of property; to determine one’s own residence; and to travel unsupervised, to name but a few. The filing of a guardianship, while unfortunate, is often the only means to stop the financial exploitation and wrest control away from the exploiter, who can be a stranger, but may also be a neighbor, caregiver, friend, or even a family member.

Baskin Fleece Partners Named Super Lawyers

BaskinFleece partners Joseph W. “Jay” Fleece, III, and Colleen A. Carson were included in Super Lawyers’ 2014 ranking of Florida attorneys.

Joseph W. “Jay” Fleece, III

Joseph W. “Jay” Fleece, III

Joseph W. “Jay” Fleece, III, has been named a Super Lawyer for the past eight years. Colleen A. Carson was selected for a second time to the Super Lawyers Rising Stars list. Candidates for the Super Lawyers’ Rising Stars list must either be age 40 or younger or they must be in practice for 10 years or less.

Colleen Carson

Colleen Carson

Super Lawyers features attorneys who have received a high degree of peer recognition and professional achievement. Before selection, candidates go through a multi-stage process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. No more than 5 percent of lawyers in each state are named Super Lawyers, and no more than 2.5 percent of lawyers in each state are named Rising Stars.

To set up an appointment with a Baskin Fleece attorney, call (727) 572-4545. Visit www.BaskinFleece.com for more information.

Wills, Trusts and Estate Planning

Retired couple estate planning

BaskinFleece prides itself on its unique ability to handle all aspects of wills and trusts, including estate planning. Estate planning and private wealth transfer may sometimes involve complex tax planning, requiring the assistance of skilled and knowledgeable legal counsel. Wills, trusts and estate planning for most individuals, however, involves making decisions about who is to receive their property after death.

BaskinFleece has the expertise to assist in estate planning for high-wealth individuals as well as for modest estates requiring only simple wills. The estate Wealthy couples and estate planningplanning process should always include a thorough examination of not only the tax implications, but also the non-tax ramifications, which might include asset protection and provisions for long-term healthcare needs. The typical “will conference” includes a discussion of Florida’s new power of attorney laws, which are now very comprehensive and complex, as well as the advance directives for living wills, selection of a pre-need guardian, and very importantly, a healthcare surrogate.

Our lawyers have handled a variety of cases involving will and trust litigation in the courts of Tampa, St. Petersburg, Clearwater and throughout Florida. BaskinFleece handles all aspects of probate and trust administration. For more information click here, or call us at 727.572.4545.

 

What’s the Difference between Trust Administration and Probate Administration?

The process is similar to Florida probate administration, but there is no circuit judge supervising the administration, nor is a fiduciary bond usually posted, and many times it can be accomplished more efficiently, and thereby cheaper and faster, than a full probate administration.

Trust administration is the process whereby assets and cash which were funded into a revocable or irrevocable trust during the decedent’s lifetime or “poured into the trust after his or her passing,” are gathered and made ready for distribution to the beneficiaries named in the trust. Trust administration also requires the filing of a notice of trust with the probate court and is the process whereby creditors are paid, and after all state and federal tax returns are filed and all creditors and other administrative expenses are paid, the trustee makes a final distribution of the trust assets and cash. The process is similar to Florida probate administration, but there is no circuit judge supervising the administration, nor is a fiduciary bond usually posted, and many times it can be accomplished more efficiently, and thereby cheaper and faster, than a full probate administration.

BaskinFleece handles all aspects of probate and trust administration. For more information click here, or call us at 727.572.4545