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PREVENTING A GUARDIANSHIP WITH ESTATE PLANNING

HOW CAN GUARDIANSHIP COURT INVOLVEMENT BE PREVENTED?

I received a sad call where a kind neighbor was trying to assist a sister who was mourning the loss of her sister and best friend. He said that the sister owned a house on Miami Beach and began to get extremely forgetful, creating the need for guardianship. When an individual in Miami-Dade or Broward County lacks mental capacity and cannot properly manage their assets, a guardianship is required by the courts. The neighbor was calling for help because the guardianship company was trying to get paid from the assets that the sister needed to pay the mortgage and maintain the house. A properly funded revocable trust could have prevented this guardianship.

CAN ESTATE PLANNING PREVENT A GUARDIANSHIP?

Yes, properly funded revocable trusts and proper estate planning documents can prevent a guardianship. A guardianship is a costly process that takes money away from the intended beneficiaries. While a person is alive and competent, a revocable trust can be created allowing the family privacy, and avoiding the need for a public probate process or a court directed guardianship process in the case of incapacity. In the situation above, if estate planning had been completed while the sister was competent, the house, bank accounts, and investments could have been placed into a revocable trust and the other sister could have been designated the successor trustee allowing all financial situations to continue as planned; preventing the need for both the guardianship, during the sister’s incapacity, and the probate court case that was required once the sister passed away. 

IS ESTATE PLANNING IN MIAMI BEACH, FLORIDA ONLY FOR RICH PEOPLE?

No, estate planning is for everyone with assets and loved ones that they want to protect. Basic estate planning includes health care documents, a limited or general power of attorney, a pour over will and a revocable trust. These documents if done properly can protect you and your loved ones from the hassles of both probate court and guardianship court involvement. Good estate planning saves you time, money, and keeps everything private. 

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

As a Miami Beach, Florida, Estate Planning, Wills and Trusts, Trust Administration, and Probate Attorney with over twenty years of experience and both a Psychology and Law degree, I handle these matters with care and sensitivity. I am familiar and comfortable with both the Miami-Dade and Broward County probate court system and know how to get things done. Call or email me today to discuss your Miami Beach Estate Planning, Wills and Trusts, Trust Administration, and Broward or Miami-Dade County Probate matters.  I am happy to help you and your loved ones.