Belleair Estate Planning & Probate Attorney

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    Estate Planning & Probate Attorney

    Belleair Estate Planning & Probate Attorney

    Our Estate Planning and Probate attorneys serving Belleair believe that your assets should be protected against financial institutions, predators, divorce, and even the poor decisions of your inheritors themselves. We feel that you, not the government, should decide on how your possessions are distributed when you pass on. Your estate should not be disected by onerous death duty, and your nest egg should not be depleted in order to get long-term healthcare. Our estate planning attorneys can help you safeguard your legacy and your loved ones.

    We provide Administration, Litigation and Estate Planning services to Belleair Residence.

    Administration in Belleair

    The administration of an estate after a member of the family or someone dear to you passes away can be immensely nerve-racking. At a time when you are more focused on grieving, you may quickly find that getting the affairs of a loved one in order are far more involved than just funeral planning. You may be confronted with legal terms and requests for information that are unfamiliar to you, adding a bit of confusion to your suffering. An qualified administration attorney at Battaglia, Ross, Dicus and McQuaid, P.A., is here to help dissect and explain the process to ensure you can smoothly satisfy your responsibilities and disperse possessions of the departed in line with the laws of the state of Florida.

    Executor of a Will

    The executor of a will is the individual you name to execute your desires when you pass on. Whenever you die with a legally-valid will, a court will approve the executor you’ve named in it to act on it. This could include paying outstanding debts with the money left from your estate, distributing your money and property to your heirs, and more.

    It’s essential to select a trustworthy, organized individual you trust to be your executor. They’ll have an important role in ensuring everything goes smoothly with your estate after your death.

    Probate Administration

    When a loved one passes on, their assets and liabilities don’t pass with them. These assets and liabilities will need to be distributed according to the laws of the state of Florida, under a process called probate administration. In other words, probate is a procedure wherein a court overlooks the distribution of a departed person’s assets and the paying of their personal debts. Unfortunately, this procedure may be rather convoluted. It can even be challenging to know if it is necessary, but the experienced Estate Planning and Probate attorneys serving Belleair are here to help.

    Trust Administration

    Trust administration in Florida refers to the duties and procedures by which a successor trustee a living trust performs the terms of the trust document. A successor trustee of a living trust has a vast array of capabilities and responsibilities which become effective upon our death or incapacity of the trustmaker or grantor. The trustee has a legal responsibility to the trust beneficiaries that include proper administration of trust assets. The trustee could be liable for damages brought on by incorrect handling of trust assets or improper trust administration.

    Litigation in Belleair

    Litigation in Belleair

    If you think your rights have been violated as a beneficiary in a Will or Trust in Florida, then you should contact an Estate, Trust & Trustee Litigation attorney asap. Doing so will provide you with the legal know-how to file a petition that could protect your family’s assets, rights and future.

    Alternatively, if you are facing accusations and claims as a Trustee, it is essential that you speak to a lawyer to help prove that your decisions were justified.

    Beneficiary Rights

    If you’re a beneficiary of a Florida estate or trust and feel your rights have been violated, then you should reach out to a Beneficiary Rights attorney as soon as possible.

    Elder Abuse in Belleair

    If you suspect or recognize that somebody in your life has been the injured party of Elder Abuse, then you should get in touch with an Elder Abuse attorney to protect them and their finances as soon as possible.

    Trust Accounting Disputes in Belleair

    If a Trustee has fallen short to provide you with accounting information or you presume malpractice, then you should speak to a Trust Accounting Disputes attorney as soon as possible.

    Trust Contest

    If you suspect a trust has been poorly created or managed, you will need a Trust contest attorney to prove its invalidity. Doing so will allow you to file a lawsuit and fight for your legacy.

    Belleair Trustee Defense

    If you’re a Trustee dealing with accusations of mishandling, fraud, breaches of fiduciary duty, self-dealing or any other mismanagement, then you may want to consult with a Trustee Defense attorney.

    Trustee Removal

    If a Trustee has violated their fiduciary duties or behaved irresponsibly, then a Trustee removal attorney can file an action to eradicate the Trustee to safeguard your rights as a beneficiary.

    Will Contest

    If you think your inheritance rights have been violated, you will require the professional assistance of a Florida Will contest attorney. Doing so will allow you to file a petition that may change the manner the estate is distributed.

    Belleair Estate Planning

    If estate planning is something you would rather not think of, try envisioning the laws of the state of Florida dictating what happens to your property, who administers your estate, even who becomes the legal guardian of your children. An organization with no direct relationship to your family or everything you’ve worked for could become the ultimate decision maker without the proper execution of a Last Will and Testament. This very real possibility can manifest in ways you would never have imagined, leaving your final desires unfulfilled and your family members possibly uncared for. Effective estate planning offers you the chance to prepare for these contingencies as well as the opportunity to cement your legacy. Our Belleair Estate Planning & Probate Attorneys cover every aspect of Estate Planning, including but not limited to:

    Advance Directives

    An Advance Directive is an oral or written statement. This statement will illustrate how you want your medical resolutions to be made when you become unable of arriving at these conclusions yourself.

    Asset Protection

    Asset Protection Planning is an lawful and legal process that involves evaluating your financial holdings and reorganizing them to ensure that you can get legal exemptions.

    Business Succession Planning

    Business succession planning is a strategy for passing on leadership duties to an team member or group of team members.

    Charitable Lead Trust

    A charitable lead trust is an irrevocable trust tailored to ensure financial support to one or more charitable organizations for a amount of time, with the remaining assets ultimately going to family members or other beneficiaries.

    Charitable Remainder Trust

    A charitable remainder trust is a tax-exempt irrevocable trust manufactured to reduce the taxable earnings of people by first spreading income to the beneficiaries of the trust for a specified amount of time and then donating the remainder of the trust to the designated charity.

    Dynasty Trusts

    You might have heard that “dynasty trust” is a term used for denoting trusts that last for more than a generation. In reality, this term is used for denoting trusts that are developed to stay for generations.

    Generation-Skipping Trust

    A generation-skipping trust is a type of trust that appoints someone who is at least 37 1/2 years younger than the settlor as the beneficiary of the trust.

    Grantor Retained Annuity Trust

    A grantor retained annuity trust (GRAT) is a financial instrument utilized in estate planning to reduce taxes on large financial gifts to family members.

    Health Care Directives

    Health care directives are written or oral instructions that give instructions regarding the potential medical care that a individual should get when he/she is not in a position to make a choice.

    Intentionally Defective Grantor Trust

    An intentionally defective grantor (IDGT) permits a trustor to disconnect specific trust assets so as to segregate income tax from estate tax treatment on them.

    Irrevocable Trust

    An Irrevocable Trust is an agreement between a settlor, trustee and designated beneficiaries that can not be altered or revoked unless there is a mutual agreement between all impacted parties.

    Last Will and Testament

    A last will and testament is a legal document outlining your desires regarding assets and dependents after your death.

    Living Trusts

    A living trust is a legal document, or trust, produced during an individual’s lifetime where a designated individual, the trustee, is granted responsibility for managing that individual’s assets for the benefit of the eventual beneficiary.

    LLC Formation

    An LLC can help you transfer assets down to your heirs while avoiding taxes. Our Estate Planning & Probate Attorneys can help you with LLC Formation.

    Pet Trust

    A pet trust is a legally sanctioned arrangement providing for the care and maintenance of one or more companion animals in the occasion of a grantor’s incapacity or passing.

    Power of Attorney

    A power of attorney may possibly be a helpful tool that permits you to be involved in monetary transactions. This tool is essential when you can not attend to sign papers.

    Qualified Personal Residence Trust

    A Qualified Personal Residence Trust or QPRT is a special kind of irreversible trust that has been developed to get rid of the value of your prime residence or a secondary property from your taxable estate.

    Transfer Tax Planning

    Transfer tax planning involves using various tax-favored techniques to transfer wealth to your designated recipients during your lifetime and at demise.

    Our Estate Planning & Probate Attorneys Serve Belleair Residents

    For you to guarantee that your rights and the wishes of your loved ones are fully upheld, it is important to have the representation of a skilled attorney. Our Estate Planning & Probate attorneys recognize just how much these issues matter for you and your family, and we have the legal experience you need to prepare and protect your legacy.

    Call us today at (727) 381-2300 or schedule a consultation online and speak with one of our top rated Estate Planning & Probate Attorneys.

    How Can We Help?

    Our experienced Estate Planning & Probate Attorneys are available to answer any questions you might have. 

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    • Mr. Kapusta is a very professional, kind and intelligent lawyer in the field of estate planning. He listens carefully and then offers advice. He does complete and accurate work. And he can handle even the most complex of issues and bring clarity to the solution.
      I cannot think of anyone...
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    • Rob Kapusta has always been my go-to professional when I've needed legal work done right, done fast and complete. I highly recommend this attorney.

    • Feel like Mr. Kapusta has been a partner for the betterment of my life. I'll fail to say enough great things about this professional who has always had my back for three decades, Thanks!

    • Rachel is one of the few attorneys I have worked with who I actually look forward to seeing. Although I was dreading the estate planning process, Rachel made it painless and certainly less scary. At the end of the day, I feel a huge weight lifted from my shoulders knowing... read more

    • I was shopping for an attorney to draw up simple estate planning documents for my mother in St. Pete. I called Rachel's firm and she understood quickly we did not need anything ornate. Her team completed the documents in less than 24 hours and had circulated copies to my mom,... read more

    • Rachel handles all of our family's estate planning, including myself, my husband and my father. We have a family business that employs our 9-person blended family. Rachel helped us establish safeguards to ensure that the family business continues to thrive even after we have passed on. She understands people and... read more

    • Rachel listened to my estate planning goals and put me at ease with a process that I had been putting off for years. She made confusing concepts easy to understand with simple explanations. I left my first meeting with Rachel knowing that I was in good hands with someone who... read more

    • After my brother passed unexpectedly, I was overwhelmed with grief. I was the nominated successor trustee for my brother's trust, but I had no idea where to start, especially because I live in New York and could not travel to Florida due to the Covid pandemic. I knew from my... read more

    • We hired Rachel to draw up wills and trusts for me and my husband. Rachel is dynamic, extremely knowledgeable and a great listener. She really understood who we are and what our desires are. She made confusing and potentially stressful decisions extremely easy and guided us to make the most... read more

    • Rachel represented me as a beneficiary in a probate estate where the Personal Representative and her attorney were not providing me with any information; they had not even sent me a copy of my mother's Will. I felt completely stonewalled. Rachel educated me on the information and documentation I was... read more

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