FAQs

Based on our experience, smaller estates will fare worse than larger ones if a clear estate plan is not created because the cash reserves in the estate may be liquidated needlessly for probate attorneys’ fees and/or estate taxes. Also, small is a relative term, so you may think your estate is small, but the IRS may think differently. With any size estate, it is important to have a clear plan that is simple to execute and avoids lengthy court processes. If you're looking for an experienced probate attorney to help you plan your estate, reach out to Lee & Evans today.

A revocable living trust in Florida can protect your estate from chaotic events such as probate and disability. However, your creditors may still attach to assets in a revocable living trust. A living trust can, if properly drafted, provide asset protection for your beneficiaries, and there are other asset protection options to consider if you’re seeking creditor protection. For assistance with drafting a living trust, contact our probate attorney today.

Although joint titling of assets is an option, most of the time it is a bad choice because it exposes your estate assets to the creditors of your family members. Once this is done, it is difficult to undo in the event of bankruptcy, divorce, or other legal conflict. A revocable trust accomplishes the same goals without the needless risk to your estate. With over 35 years in estate, trust, and elder law, we will happily assist you with planning an estate.

Although it may seem logical, your family members are not legally empowered to make decisions on your behalf simply because they are family. The proper legal documents such as durable powers of attorney and medical directives must be executed in order to allow family members to make legal decisions for you. To learn more about family and elder law, contact our team today.

Although gifting assets is a planning option, the timing generally does not work for gifting to be a viable strategy. Too often, the estate assets are required for support, and gifting away assets will result in inadequate funds to live on. If Medicaid is involved, there is a look-back period for any transfers. Because of this, a gifting strategy could backfire, leaving an individual with no assets to pay for necessary long-term care or public benefits. Also, according to our experts, gift tax returns must be filed, and if it's over the limit, a federal tax can be levied on gifts. Reach out to our probate attorney to learn more about this process.

When you hire a real estate attorney to conduct your residential or commercial real estate closing, you receive benefits that a title company is unable to provide. A title company, even those that are attorney-owned, is limited to providing core title services and cannot provide legal advice or representation during your transaction. Based on our experience, the fees to close with a real estate attorney are competitive with the fees charged by a title company. However, hiring a real estate attorney ensures you have representation on your side of the closing table. Fortunately, we aren't just experienced in estate and elder law. When you need an experienced real estate attorney, we're here to help!

Yes. Once a contract is executed, it is a legally binding obligation, and the terms cannot be altered unless all parties agree. A real estate attorney can review your contract and help you to better understand your obligations and liabilities. For a qualified probate attorney who also has several years of experience in real estate law, reach out to Lee & Evans.

If you’re buying a home, title insurance is a policy that protects your investment and property rights. There are two different types of title insurance: owner’s policy and lender’s policy. Title insurance protects homebuyers against covered title defects, such as a previous owner’s debt, liens, and other claims of ownership. It is an insurance policy that protects against problems, whereas other insurances usually deal with future risks. As a reliable probate attorney, our office is experienced in multiple fields of law. If you'd like to learn more about title insurance, reach out to us today for assistance. 

Losing a loved one is very hard, and having to dispose of their assets can be even harder. Lee & Evans has a full team of real estate and probate professionals to assist with all your questions and needs when it comes time to sell a loved one’s property. In the event that probate is needed, our real estate team and probate attorney will work together to ensure a smooth and successful closing. Seeking help from a credible lawyer can provide more insight into the intricacies of probate and estate law. According to IBISWorld, roughly 201,144 estate lawyers and attorneys practice in the United States. When you need the right one to turn to for dependable assistance, contact us!

By choosing our real estate and probate attorney to conduct the closing on your Florida home, you are entitled to a free consultation for the review of your current estate planning documents for compliance with Florida law.