ESTATE PLANNING IN MIAMI BEACH, FL -DEFINING ROLES-TRUSTEE, PERSONAL REPRESENTATIVE, GUARDIAN OF MINOR CHILDREN, POA, and  HEALTH CARE SURROGATE

I received a call from a Miami Beach, FL resident looking for an estate planning attorney to assist him in his role as the successor trustee of his parent’s trusts. He wanted to know the meaning of being his parent’s successor trustee and how it all worked. Being a trustee, personal representative/executor, health care surrogate, power of attorney, and a guardian of minors are very important jobs with different responsibilities. A properly set up estate plan goes a long way. Remember, if you are asked to do any of these roles and you are now offered it, you can say no. If you choose to do it, you are acting on their behalf and not in your own interest. 

WHAT IS MY ROLE AS GUARDIAN OF MINOR CHILDREN?

Imagine this, your two best friends die in a car crash and now you are the guardian of their two kids who are legally minors, under 18 years of age. What a terrible situation! You now have to raise them as best as you can while keeping in mind their values, wishes, religious beliefs, dreams and goals. This is very serious when you are choosing who is best for your kids or when you are chosen to do this task for someone else’s children. Open communication is important with the person in charge of the money, even if it is you. Keep great records and be a good parent. 

WHAT IS MY ROLE AS TRUSTEE?

A trustee is named in a trust and carries out the obligations related to the trust. For example, setting aside assets for the minor children into separate trusts and managing those assets. A trustee also pays bills, distributes money and other assets, and manages the trust. A trust is not managed by a probate court and is privately handled. Check all bank statements, bills, and keep great records. Do your best and get to know all the beneficiaries and their personalities. Reach out to a local estate planning attorney who is familiar with trust work and have them guide you. If there is Miami Beach real estate involved, a Miami Beach estate planning attorney is best to assist you. 

WHAT IS MY ROLE AS FINANCIAL POA?

A Powers of Attorney only works with people alive and their role is named in the document. Power of Attorney’s may pay bills, sign checks, pay taxes, and perform many other duties. This document is often used if people become incapacitated or are unable to manage on their own. 

WHAT IS MY ROLE AS HEALTH CARE SURROGATE?

The role of the health care surrogate is a tough role. This person named in this document is assigned the task of following the person’s health care wishes. For example, if the person is unable to make health care decisions, the named health care surrogate will do this in their place. They may decide such major decisions relating to surgery, feeding tubes, and even ceasing all life-sustaining machines, if appropriate. 

WHAT IS MY ROLE AS PERSONAL REPRESENTATIVE?

A personal representative is named in a will and carries out the obligations and wishes related to the will. For example, a personal representative must hire an attorney if probate court is needed, pay bills, and arrange for the burial. As always, a will is handled through the court system and is public, while a trust and trustee duties are handled privately. You are serving them and their loved ones. Keep records of everything and be careful. Work with a local attorney who deals with probates in that county on a daily basis to get the best results. For example, a Miami probate attorney is best for a Miami Probate case. 

WHY SHOULD YOU USE ALLY M. GLASER, PA TO HANDLE YOUR WILLS AND TRUSTS, ESTATE PLANNING IN MIAMI BEACH AND MIAMI-DADE AND BROWARD PROBATE MATTERS?

As a Miami Beach Estate Planning, Wills and Trusts and Probate Attorney in Miami Beach with over twenty-six years of experience and both a Psychology and Law degree, I handle these matters with knowledge and sensitivity. I am familiar and comfortable with both the Broward County and Miami-Dade probate court system and know how to get things done. Additionally, because I do both estate planning and probate law, I am familiar with the challenges of each and provide my clients with additional protections. Call or email me today to discuss your Miami Beach Estate Planning, Wills and Trusts and Miami-Dade County Probate matters.  I am happy to help you and your loved ones during this important process.