Prepare for Your Future Today
Lacey & Lyons have experienced probate and trust attorneys. Our legal team can help you close out and efficiently settle estates, helping you take care of a few issues or handling the entire probate process.
Probate Administration Services
Probating an estate is challenging and time-consuming. Our team can assist you with the following:
- Filing the Surrogate Petition and Inventory or Register of Wills
- Collecting assets
- Filing all tax returns
- Settling creditor claims
- Selling businesses and real estate
- Working with heirs
- Obtaining the Executor’s Release of Liability documentation
Many people don’t realize that executors are personally liable, and if you make any mistakes, you could have to pay your own money to correct them. The estate pays all attorney bills, and also, executors have less chance of litigation, and the estate benefits from a quick probate process.
A trust is a legal document that someone creates while they are alive that goes into effect upon their death. It can be created by a trust document or by a will. Assets of an estate are put into the trust, which follows specific rules and instructions. While the trust holds the title to the property and assets. The beneficiary receives the benefits of this trust upon your death.
There are several different types of trusts.
A revocable trust, also known as a living trust, allows the person who creates the trust to alter, change, modify or revoke the trust during their lifetime. These types of trusts are very helpful in avoiding probate, as the ownership of assets is transferred to the trust, making it not subject to probate.
An irrevocable trust is one where not even the trust maker can alter, remove, modify or revoke the trust. This type of trust can be used for large estates, but it may have negative consequences.
Special Needs Trust
A special needs trust is set up for an heir that receives government benefits, ensuring that they do not become disqualified from receiving these benefits due to their inheritance. It is legal, and the Social Security Administration permits these trusts, provided that the disabled heir cannot control the frequency or amount of distributions from the trust, nor can they have the right to revoke the trust. This type of trust is especially helpful, so parents of a disabled child can provide for them after their death.
There are a variety of different trusts that our experienced team of attorneys can assist with administering and explaining to you, including:
- Asset Protection Trust
- Charitable Trust
- Constructive Trust
- Spendthrift Trust
- Tax By-Pass Trust
- Totten Trust
Schedule an Estate Planning Meeting
Whether you have estate planning needs and need to set up a trust or you are facing administering probate, the experienced team at Lacey & Lyons can help you. Contact us today for an appointment, and we can provide you with excellent legal advice. We have a convenient location in Melbourne, Florida, and our legal team can help evaluate your case.