Hillsborough County Estate Planning & Probate Attorney

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    Estate Planning & Probate Attorney

    Hillsborough County Estate Planning & Probate Attorney

    Our Estate Planning and Probate attorneys representing Hillsborough County strongly believe that your assets should be safeguarded against lenders, predators, divorce, and even the poor decisions of your beneficiaries themselves. We believe that you, not the government, should determine how your possessions are dispersed when you pass on. Your estate should not be gutted by burdensome death duty, and your nest egg should not be depleted for you to obtain lasting healthcare. Our estate planning attorneys can help you safeguard your legacy and your loved ones.

    We provide Administration, Litigation and Estate Planning services to Hillsborough County Families.

    Administration in Hillsborough County

    The administration of an estate after a loved one or someone dear to you ceases living may be immensely nerve-racking. At a time when you are more concentrated on grieving, you may quickly find that getting the affairs of a loved one in order are far more complex than just memorial service planning. You may be encountered with legal terms and requests for information that are unfamiliar to you, adding a little confusion to your distress. An experienced administration attorney at Battaglia, Ross, Dicus and McQuaid, P.A., is here to help dissect and explain the process to ensure you can smoothly fulfill your responsibilities and distribute possessions of the deceased in line with the laws of the state of Florida.

    Executor of a Will

    The executor of a will is the person you name to carry out your desires when you pass. Whenever you pass away with a legally-valid will, a judge 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, dispersing your money and property to your beneficiaries, and more.

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

    Probate Administration

    When a loved one passes away, their assets and liabilities don’t pass with them. These assets and liabilities will need to be dispersed according to the laws of the state of Florida, under a process called probate administration. Simply put, probate is a procedure by which a court supervises the distribution of a deceased person’s assets and the paying of their financial obligations. However, this procedure might be quite complicated. It can even be difficult to know if it is necessary, but the experienced Estate Planning and Probate attorneys serving Hillsborough County are here to help.

    Trust Administration

    Trust administration in Florida pertains to the duties and procedures by which a successor trustee a living trust carries out the terms of the trust document. A successor trustee of a living trust has a wide variety of powers and responsibilities which become successful 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 can be liable for damages as a resulted of incorrect handling of trust assets or inappropriate trust administration.

    Litigation in Hillsborough County

    Litigation in Hillsborough County

    If you believe your legal rights have been disregarded as a beneficiary in a Will or Trust in Florida, then you should contact an Estate, Trust & Trustee Litigation attorney asap. Doing this will provide you with the legal skills 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 critical that you get in touch with 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 that your legal rights have been disobeyed, then you should contact a Beneficiary Rights attorney as soon as possible.

    Elder Abuse in Hillsborough County

    If you speculate or know that someone in your life has been the target of Elder Abuse, then you should speak with an Elder Abuse attorney to protect them and their finances as soon as possible.

    Trust Accounting Disputes in Hillsborough County

    If a Trustee has fallen short to supply you with accounting information or you presume mismanagement, then you should get in touch with a Trust Accounting Disputes attorney as soon as possible.

    Trust Contest

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

    Hillsborough County Trustee Defense

    If you’re a Trustee facing incriminations of mishandling, fraud, breaches of fiduciary obligation, self-dealing or some other misconduct, then you may wish to speak to a Trustee Defense attorney.

    Trustee Removal

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

    Will Contest

    If you feel that 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 way the estate is distributed.

    Hillsborough County Estate Planning

    If estate planning is something you would rather not deal with, try thinking of the laws of the state of Florida controling what comes about 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 likelihood can materialize in ways you would never have intended, 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 Hillsborough County 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 decisions to be made when you become unable of arriving at these conclusions yourself.

    Asset Protection

    Asset Protection Planning is an ethical and legal process that entails reviewing your financial holdings and restructuring them to ensure that you can get legal exemptions.

    Business Succession Planning

    Business succession planning is a strategy for handing down administration tasks to an team member or group of employees.

    Charitable Lead Trust

    A charitable lead trust is an irrevocable trust designed to provide financial support to one or more charities for a time frame, 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 constructed to minimize the taxable income of individuals by first distributing income to the beneficiaries of the trust for a specified time frame 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 variety of trust that specifies any person 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 monetary instrument used in estate planning to reduce taxes on large financial gifts to family members.

    Health Care Directives

    Health care directives are written or oral guidelines that give instructions regarding the potential medical care that a person should get when he/she is not in a place to decide.

    Intentionally Defective Grantor Trust

    An intentionally defective grantor (IDGT) enables a trustor to disconnect specific trust assets in order to segregate income tax from estate tax treatment on them.

    Irrevocable Trust

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

    Last Will and Testament

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

    Living Trusts

    A living trust is a legal documentation, or trust, created during an individual’s lifetime where a designated person, 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 pass assets down to your beneficiaries while staying clear of taxes. Our Estate Planning & Probate Attorneys can help you with LLC Formation.

    Pet Trust

    A pet trust is a legally sanctioned agreement providing for the care and maintenance of one or more companion animals in the event of a grantor’s impairment or fatality.

    Power of Attorney

    A power of attorney can be a useful tool that allows you to be included in monetary transactions. This tool is essential when you can not be present to sign documentations.

    Qualified Personal Residence Trust

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

    Transfer Tax Planning

    Transfer tax planning includes using various tax-favored techniques to transfer wealth to your designated beneficiaries during your lifetime and at passing.

    Our Estate Planning & Probate Attorneys Serve Hillsborough County Residents

    In order to guarantee that your legal rights and the wishes of your loved ones are fully upheld, it is important to have the representation of a skilled legal professional. Our Estate Planning & Probate attorneys know 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 talk 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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