Guardianships in Tampa, Clearwater and St. Petersburg Florida

 

BaskinFleece handles all aspects of guardianships, including uncontested guardianships and guardianship administration. 

Guardianship in general involves the appointment of a Court-supervised guardian, who is sometimes a professional guardian and sometimes a family guardian. In Clearwater, Tampa, St. Petersburg and throughout Florida, a professional guardian must pass a rigorous testing process to become a registered guardian, and all guardians are bonded for 100% of the value of the ward’s liquid assets.

To become a registered guardian, you must pass a rigorous testing process because all guardians need to be bonded for the value of the ward’s liquid assets.A family guardian must pass an eight-hour course.

The guardian is a true fiduciary who is delegated the rights over an individual. This delegation may be subsequent to entry of the Order Determining Incapacity and issuance of Letters of Guardianship. A guardianship may be a plenary guardianship, where the court removes all of the enumerated statutory rights of an individual, or a limited guardianship, where only some of the rights are removed.

BaskinFleece handles all aspects of guardianships, including uncontested guardianships and guardianship administration. For more information click here, or call us at 727.572.4545.

Can the Personal Representative of a Will Be Compensated?

Estate expenses: Compensation for a personal representative in Florida is determined in one of five ways...

The personal representative, the attorney, and other professionals whose services may be required in administering the probate estate (such as appraisers and accountants), are entitled by law to reasonable compensation.

Estate expenses: The personal representative’s compensation is usually determined in one of five ways:

1. As set forth in the will; 

2. As set forth in a contract between the personal representative and the decedent;

3. As agreed among the personal representative and the persons who will bear the impact of the personal representative’s compensation;

4. The amount presumed to be reasonable as calculated under Florida law, if the amount is not objected to by any of the beneficiaries; or 

5. As determined by the judge.

The personal representative’s compensation is determined in a variety of ways.The fee for the attorney for the personal representative is usually determined in one of three ways: 

1. as agreed among the attorney, the personal representative, and the persons who bear the impact of the fee; 

The expenses of an estate usually include compensation for the personal representative.2. the amount presumed to be reasonable calculated under Florida law, if the amount is not objected to by any of the beneficiaries; or

3. as determined by the judge.

For help with a will, estate planning and personal representative related questions, you can contact BaskinFleece at 727.572.4545.

Some of the content of this information is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.

Colleen A. Carson Appointed to Florida Probate Rules Committee

 

Colleen Carson

Colleen Carson

Baskin Fleece partner Colleen A. Carson has been appointed to serve on the Florida Probate Rules Committee. Committee members are selected by The Florida Bar to review proposed amendments and proposals of new rules of procedure to the rules of Court, and must have “extensive experience and training in the area of practice of the committee.” Ms. Carson’s three year term begins on July 1, 2014.

To schedule an appointment with a Baskin Fleece attorney, call (727) 572-4545. For more information about Baskin Fleece, visit www.BaskinFleece.com.

Estate Planning: A Trust May Be Used in Addition to a Will

wills and trusts in estate planningWhen estate planning, realize that a trust can handle only the property that has been put into it. Any property of a person that is not placed in the trust either during life or at death in most instances escapes the control of the trust. It is the will that controls all property in a decedent’s name at the time of death if the will is drafted properly. Trusts canBaskinFleece 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. be helpful to speed administration and save taxes if they are drafted properly in estate planning and funded during life with the property intended to be transferred by the trust. Often, however, improperly drafted or incorrectly funded or administered trusts can add to the cost of settling estates, not lower it. Furthermore, it is the probate of the will that can clear creditors’ claims, which is not possible with just a trust administration.

For help or answers to will and estate related questions, you can contact BaskinFleece at 727.572.4545.

Most of the content of the information above is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.