Riverview Estate Planning & Probate Attorney

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your legacy.

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    Estate Planning & Probate Attorney

    Riverview Estate Planning & Probate Attorney

    Our Estate Planning and Probate attorneys serving Riverview believe that your assets should be protected against collectors, predators, divorce, and even the poor decisions of your heirs themselves. We think that you, not the government, should decide on how your possessions are distributed when you decease. Your estate should not be gutted by burdensome death duty, and your life savings should not be exhausted in order to acquire lasting treatment. Our estate planning attorneys can help you protect your legacy and your loved ones.

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

    Administration in Riverview

    The administration of an estate after a loved one or someone dear to you ceases living can be tremendously difficult. At a time when you are more focused on mourning, you may quickly find that getting the affairs of a loved one in order are much more involved than just memorial service preparation. You may be encountered with legal terms and requests for information that are unfamiliar to you, adding a piece 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 obligations 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 individual you name to execute your desires after you pass on. When 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, dispersing your money and property to your beneficiaries, and more.

    It’s important 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 away, their assets and liabilities don’t pass with them. These assets and liabilities will need to get distributed according to the laws of the state of Florida, under a process called probate administration. Put simply, probate is a procedure in which a court overlooks the distribution of a deceased person’s assets and the paying of their debts. However, this procedure might be rather convoluted. It can even be difficult to know if it is necessary, but the experienced Estate Planning and Probate attorneys serving Riverview 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 powers and obligations which become effective consequent to our death or incapacity of the trustmaker or grantor. The trustee has a lawful responsibility to the trust beneficiaries that include proper administration of trust assets. The trustee can be liable for damages caused by improper handling of trust assets or inappropriate trust administration.

    Litigation in Riverview

    Litigation in Riverview

    If you suspect your legal rights have been violated as a beneficiary in a Will or Trust in Florida, then you should contact an Estate, Trust & Trustee Litigation attorney immediately. Doing this 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 allegations and claims as a Trustee, it is crucial 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 believe your legal rights have been violated, then you should speak to a Beneficiary Rights attorney as soon as possible.

    Elder Abuse in Riverview

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

    Trust Accounting Disputes in Riverview

    If a Trustee has failed to provide you with accounting information or you suspect malpractice, 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 inaccurately created or managed, you will need a Trust contest attorney to prove its invalidity. Doing this will allow you to file a lawsuit and fight for your inheritance.

    Riverview Trustee Defense

    If you’re a Trustee facing incriminations of mishandling, fraudulence, breaches of fiduciary responsibility, self-dealing or some other mismanagement, then you may wish to speak with a Trustee Defense attorney.

    Trustee Removal

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

    Will Contest

    If you feel that your inheritance rights have been mismanaged, 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.

    Riverview Estate Planning

    If estate planning is something you would rather not think of, try envisioning the laws of the state of Florida dictating what comes about to your property, who administers your estate, even who becomes the legal guardian of your children. An entity with no direct affiliation 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 manifest in ways you would never have intended, leaving your final desires unsatisfied 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 Riverview Estate Planning & Probate Attorneys cover every aspect of Estate Planning, consisting of but not limited to:

    Advance Directives

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

    Asset Protection

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

    Business Succession Planning

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

    Charitable Lead Trust

    A charitable lead trust is an irrevocable trust devised to provide financial support to one or more charitable organizations for a time period, with the remaining assets eventually going to family members or other beneficiaries.

    Charitable Remainder Trust

    A charitable remainder trust is a tax-exempt irrevocable trust devised to minimize the taxable income of individuals by first spreading income to the beneficiaries of the trust for a specified time period and then donating the remainder of the trust to the designated charity.

    Dynasty Trusts

    You might have heard that “dynasty trust” is a phrase used for denoting trusts that last for more than a generation. In truth, 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 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 financial instrument used in estate planning to minimize taxes on large financial gifts to family members.

    Health Care Directives

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

    Intentionally Defective Grantor Trust

    An intentionally defective grantor (IDGT) enables a trustor to separate particular 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 designated named beneficiaries that can not be modified or negated unless there is a mutual agreement between all impacted parties.

    Last Will and Testament

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

    Living Trusts

    A living trust is a lawful record, or trust, created during an individual’s lifetime where a designated individual, the trustee, is given 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 beneficiaries while avoiding taxes. Our Estate Planning & Probate Attorneys can help you with LLC Formation.

    Pet Trust

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

    Power of Attorney

    A power of attorney may be a useful tool that allows you to be involved in monetary transactions. This tool is crucial when you can not attend to sign documentations.

    Qualified Personal Residence Trust

    A Qualified Personal Residence Trust or QPRT is a unique kind of irreversible trust that has been designed 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 assets to your designated recipients during your lifetime and at passing.

    Our Estate Planning & Probate Attorneys Serve Riverview Residents

    For you to ensure that your legal rights and the wishes of your loved ones are fully upheld, it is important to have the representation of a skilled lawyer. 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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