Plant City Probate Lawyers
Probate Practice Areas
Probate and estate planning law includes legal assistance in making wills, powers of attorney, heathcare surrogates, living wills and the probate of wills and estates without wills. Avoiding probate through placing assets into trusts is another popular way of estate planning.
Guardianship law involves the appointment of persons to act on behalf of incapacitated persons to protect their physical well being as well as their finances.
Probate and guardianship matters can be contested and end up in court battles to decide issues between persons interested in guardiaship and probate proceedings.
Attorneys Johnnie Byrd and David Barnhill have over 60 years combined legal experience in probate law.
We are ready to fight for your rights and protect your future.
Probate is the process for winding up the affairs of a person who is deceased. There are several levels of probate in Florida based on the size of the estate and other factors. We can help you probate an estate to smoothly transfer assets to the deceased’s beneficiaries.
2. Estate Planning
Estate planning is the process of deciding how your property will pass at your death. The process also includes designating persons to handle your financial and medical affairs should you become incapacitated. We help you find the peace of mind you that your estate plan is complete.
A good estate plan makes sure your intended beneficiaries are taken care of at your death. Making a last will and testament is one way to take control of the situation. If you don’t have a will or trust, Florida law will control who receives your property at your death.
Trusts avoid the cost and delay of probating a will. The maker of the trust transfers his or her property into the trust so that the property passes to the beneficiaries at death without probate. Of course, the trust can be revoked or amended prior to death or incapacity.
5. Will Contest
A will or other instrument can be contested by any interested party who believes the person making the will was coerced into signing or taken advantage of through the undue influence of another person who benefits from the will. We can explain your options to contest a will.
Guardianships can be for persons who are incapacitated as well as for minor children who have the need for a guardian of their person or property. Guardianship proceedings are complicated. So, an experienced attorney is necessary to pursue guardianship.
2. Plant City Estate Planning Lawyers
Estate Planning Basics
Planning for the disposition of your assets at death is vital to the preservation of wealth and financial stability of your loved ones who survive you. Estate planning is a complex area of the law. The attorneys at Byrd & Barnhill are prepared to help you begin the process of making an estate plan. The size and complexity of your current financial and family situation, as well as your intended beneficiaries and disposition of your estate, will affect whether a basic will is adequate for your estate planning needs. If your situation needs more specialized legal attention we will refer you to a legal specialist in estates and taxation or other specialized areas of the law to help you accomplish your estate planning goals.
Estate Planning Process
During our initial consultation the estate planning attorneys at Byrd & Barnhill will need to gather some information in order to present you with your estate planning options. Some of the basic information that we will need before preparing a will or other estate planning documents includes the following:
- The names, addresses, and dates of birth for client, spouse, family members, and others who will be beneficiaries;
- The health status of client, spouse, children, and parents;
- A list of the clients’ income, assets and liabilities, and the current fair market values of assets and payoff of liabilities;
- Any liens, claims, litigation, judgments, or other potential liabilities affecting the estate;
- Employment status, level of compensation, and the existence, terms, and designated beneficiaries of employee benefits including stock options, retirement plans, and IRAs;
- Identity and status of children or other potential beneficiaries and any physical or mental impairment affecting the beneficiaries;
- The clients’ citizenship and domicile;
- List of insurance policies, including the face amount, cash values, loans, ownership and beneficiary; and
- The current Will and trust agreements, if any.
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Either Johnnie Byrd or David Barnhill will get right back to you.
If you do not hear from us right away, please call or come by our office.
206 North Collins Street
Plant City FL 33563