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How to Plan for Minor Children to Inherit from Retirement Accounts

Lama Alqasemi — Tue, 18 Feb 2025 21:59:16 +0000

Planning for your child’s financial future is one of the most important steps you can take. If you have a retirement account, you might assume that naming your minor child as the beneficiary is the best approach. However, without proper planning, this decision can create legal and financial challenges.

At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve helped countless families navigate estate planning with minors in mind. Our Florida estate planning lawyers know how to set up inheritances. They protect children and help assets move smoothly. This guide will walk you through everything you need to know.

Why Minors Can’t Inherit Retirement Accounts Directly

Many parents want their children to inherit their retirement savings. However, minors can’t legally control these funds until they reach adulthood. If a retirement account is left directly to a minor, a court-appointed guardian must manage the money until the child turns 18 (or 21 in some cases).

Without a solid plan, this can lead to:

Unnecessary legal delays
Higher legal costs
Loss of control over how the funds are used

Additionally, once the child reaches the legal age of adulthood, they gain full control over the inherited funds. Without structured guidelines, they could spend the money unwisely or face financial mismanagement. Careful planning ensures that the funds are used responsibly for long-term security.

The SECURE Act and Its Impact on Inherited Retirement Accounts

The Setting Every Community Up for Retirement Enhancement (SECURE) Act significantly changed how inherited retirement accounts are handled. The SECURE Act says that most non-spouse beneficiaries, such as minors, need to withdraw all the money from an inherited IRA or 401(k) within 10 years after the account holder passes away.

Key SECURE Act Changes Affecting Minors:

No more “Stretch” IRA: Beneficiaries used to take small payments throughout their lives. Now, they must deplete the account within a decade.
Exception for Minor Children: Minor children can take required minimum distributions (RMDs) based on their life expectancy. However, the 10-year rule starts when they reach the age of majority, which is either 18 or 21, depending on the state. This exception is only applicable to the account owner’s minor child or children, and not just any minor beneficiary.
Higher Tax Burden: Big payouts quickly might move minors into a higher tax bracket. This can cause large tax bills.

These changes make trust planning more important for families. They want to ensure their children have financial stability.

Best Ways to Plan for a Minor’s Inheritance

1. Establish a Trust for Your Child

One of the best solutions is to create a trust. A trust ensures that the retirement funds are managed according to your wishes until your child reaches an appropriate age.

Benefits of a trust:

Control: You decide when and how your child receives the money.
Protection: Funds remain safe from misuse or external threats.
Tax Efficiency: Properly structured trusts can minimize tax burdens.
Financial Guidance: A trustee can provide oversight to ensure the funds support the child’s long-term needs.

There are different types of trusts to consider:

Revocable Trust: You can modify or cancel this trust during your lifetime.
Irrevocable Trust: This trust can’t be changed after it’s set up, but it offers better asset protection.
Testamentary Trust: This trust starts after you pass away and is set up in your will.

If you wish to establish a trust, it is important to consult with an estate planning attorney to draft the trust in a way that utilizes strategies to protect your child’s inheritance while also minimizing taxes through careful planning. Not all trusts are structured the same way, so retirement accounts need special considerations.

2. Name the Trust as the Beneficiary

Once you create a trust, you should name it as the beneficiary of your retirement account. This ensures that funds are transferred into the trust rather than directly to the minor.

When doing this, make sure:

The trust is properly drafted to receive retirement account funds.
It meets IRS requirements to qualify as a designated beneficiary.
It includes terms for gradual or conditional distributions.

3. Choose a Responsible Trustee

The trustee will oversee the management and distribution of your child’s inheritance. This should be someone you trust to act in your child’s best interest.

A trustee should:

Have strong financial judgment
Understand your wishes and goals
Be willing to manage the trust responsibly

If you’re unsure who to choose, a Florida estate planning attorney can help you select the right trustee. You might think about hiring a professional fiduciary or corporate trustee. They can help with fair and expert financial management.

4. Consider a Custodial Account

Another option is setting up a Uniform Transfers to Minors Act (UTMA) account. This allows a designated custodian to manage the funds until the child reaches the legal age of maturity. While this is simpler than a trust, it offers less control over long-term use.

Understanding the Difference Between Role Names

When planning an inheritance for kids, it’s important to know the key roles in estate planning. A beneficiary gets the assets. A trustee manages those assets in a trust. Additionally, a guardian is appointed to care for the minor in the event of the parent’s passing, whereas a custodian handles financial matters for the child if a custodial account is used. Knowing these differences helps make sure your estate plan matches your wishes. It also ensures that all important roles are assigned correctly.

Additional Considerations When Planning for a Minor’s Inheritance

Understanding Tax Implications

Different inheritance structures have varying tax consequences. A properly structured trust can minimize income tax burdens for your heirs. Distributions from inherited retirement accounts often incur income tax. Still, with smart planning, you can reduce your tax burden.

Consider these tax strategies:

Stretch IRA Strategies: Allows beneficiaries to take distributions over their lifetime, reducing yearly tax burdens, if they are considered eligible designated beneficiaries. Eligible designated beneficiaries are beneficiaries that, if they are within a special class of individuals, such as a spouse, chronically ill or disabled beneficiaries, or beneficiaries that are no more than 10 years younger than the account owner, can stretch distributions over their life expectancy. Structuring your retirement beneficiaries with this in mind is crucial when preserving the special rules for eligible designated beneficiaries and should be done with the help of legal counsel.
Roth Conversions: Converting traditional retirement funds to a Roth IRA can allow tax-free distributions for heirs if properly planned for in advance and before death.
Charitable Trusts: Designating a portion of assets to charity can provide tax advantages while supporting meaningful causes.

Planning for Special Needs Children

If your child has special needs, additional planning is necessary. A Special Needs Trust (SNT) provides financial support. It helps people stay eligible for government benefits like Medicaid and Supplemental Security Income (SSI). It’s important to work with a Florida estate planning attorney who knows special needs planning. This helps create a legally sound plan.

Common Mistakes to Avoid

Naming a Minor as a Direct Beneficiary

Without a trust or custodial arrangement, a court must appoint a financial guardian to manage the funds. This process can be expensive and time-consuming.

Failing to Update Beneficiary Designations

Your estate plan should always reflect your most recent wishes. If you fail to update your beneficiary designations, funds may go to an unintended party.

Not Considering Tax Implications

Different inheritance structures have varying tax consequences. A properly structured trust can minimize income tax burdens for your heirs.

FAQs About Minor Beneficiaries and Retirement Accounts

Planning for minors to inherit retirement accounts can be complex. Below are answers to common questions families often ask:

1. Can I name my minor child as a direct beneficiary of my retirement account? Yes, but it’s not recommended. Minors can’t manage these funds. A court-appointed guardian must oversee them until the child becomes an adult. A trust is often a better solution.

2. What is the best way to leave retirement assets to a minor? Setting up a trust is typically the best way. A properly structured trust ensures funds are distributed according to your wishes and protects the assets from potential mismanagement.

3. What happens if I don’t designate a guardian or trustee? Without a designated trustee or guardian, the court will appoint one, which may lead to delays, added expenses, and less control over how the assets are managed.

4. How does the SECURE Act affect my minor child’s inheritance? The SECURE Act says that most inherited retirement accounts must be emptied within 10 years. However, minor beneficiaries can take smaller amounts until they become adults. After that, the 10-year withdrawal rule applies.

5. Can I change my beneficiary designations after setting up a trust? Yes, you can update your beneficiary designations at any time to ensure they align with your estate plan. Regular updates are recommended to reflect changes in family dynamics or financial goals.

Learning about these common questions can help you make smart choices for your child’s financial future.

Why Expert Guidance from a Florida Estate Planning Attorney Matters

Estate planning is complex, especially when minors are involved. Our experienced Florida estate planning attorneys can help you:

Select the right trust structure
Ensure your plan complies with state and federal laws
Minimize legal and tax complications
Protect your child’s financial future

Without professional guidance, even small mistakes can lead to major issues. Working with an attorney ensures your plan is legally sound and aligns with your family’s goals.

A Florida estate planning attorney can also help you navigate legislative changes like the SECURE Act, which impacts how inherited retirement accounts are distributed. Understanding these nuances is crucial for optimizing your child’s financial future. Additionally, a knowledgeable attorney can assist in choosing a trustee, structuring trust distributions, and minimizing tax burdens. Proactive estate planning ensures your minor child’s inheritance is secure and used for their best interests.

Contact Us for a Free Consultation

At Battaglia, Ross, Dicus & McQuaid, P.A., we have decades of experience helping families protect their assets. Our Florida estate planning attorneys provide personalized solutions tailored to your unique situation.

For over 60 years, our firm has provided top-tier legal services in Florida. Our estate planning team is known for expertise, attention to detail, and client-focused service. We take pride in helping families create solid, legally sound plans that stand the test of time.

Whether you’re setting up a trust, choosing a guardian, or updating your beneficiary designations, we’re here to help. Contact us today for a free consultation and let us guide you in securing your child’s financial future.

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Estate Planning for Muslim Families: Honoring Traditions & Laws

Lama Alqasemi — Tue, 17 Dec 2024 19:50:33 +0000

Estate planning is an essential process for families to ensure their loved ones are cared for and their assets are distributed according to their wishes. For Muslim families, it is even more significant because it involves aligning legal frameworks with religious principles. Islamic inheritance laws, rooted in Sharia, provide detailed guidelines for asset distribution that honor family structure and faith. As Florida estate planning attorneys, we understand the importance of blending these religious traditions with state laws to create comprehensive and compliant plans. In this blog, we’ll explore key aspects of estate planning for Muslim families and how to ensure your plan aligns with both your faith and legal requirements.

Understanding Islamic Inheritance Laws

Islamic inheritance laws are based on principles outlined in the Quran and further detailed in Islamic jurisprudence. These laws are designed to ensure fairness, provide for family members, and honor the deceased’s wishes within the framework of Islamic teachings. A major distinction of Islamic inheritance is the predetermined shares of inheritance for specific relatives.

The Key Principles of Islamic Inheritance

Fixed Shares for Heirs: Islamic law mandates specific portions of the estate for designated heirs, such as spouses, children, and parents. These shares are pre-determined and leave limited flexibility.
Gender-Based Allocations: Sons typically receive double the share of daughters, reflecting their traditional financial responsibilities over their female relatives.
Exclusions: Certain family members, such as adopted children or stepchildren, may not automatically inherit under Sharia unless specified in a will.
Debt Settlement: Before dividing the estate, all debts and obligations, including funeral expenses, must be settled.
Charitable Giving: Charitable giving (sadaqah or waqf) is highly encouraged in Islam, and up to one-third of an estate can be designated for it without infringing on the rights of mandatory heirs.

For Muslim families living in Florida, it’s important to navigate these principles while ensuring compliance with state laws. This is where careful planning with a Florida estate planning attorney becomes essential.

The Role of a Will in Islamic Estate Planning

A will, or wasiyyah, is a critical tool in estate planning for Muslim families. It allows you to ensure that your wishes are honored while adhering to Islamic principles. Florida law recognizes wills as valid legal documents, but they must meet specific requirements to be enforceable.

How a Will Helps

Specify Non-Heirs: A will can direct up to one-third of your estate to individuals or causes outside the fixed shares, such as charitable organizations or adopted children.
Ensure Legal Compliance: A properly drafted will ensures that your estate is distributed according to both Islamic laws and Florida statutes.
Reduce Disputes: Clear instructions in your will act to help prevent family disputes and ensure a smoother probate process.

When drafting a will, it’s vital to work with a Florida estate planning attorney familiar with Islamic inheritance laws. This ensures your document respects religious traditions while being enforceable in a court of law.

Navigating Florida Laws and Islamic Traditions

Florida laws govern estate distribution, which can sometimes differ from Islamic principles. For example, Florida’s intestacy laws dictate how assets are distributed when someone dies without a will, which may not align with Sharia. To ensure your wishes are respected, it’s essential to create a plan that reconciles these differences.

Key Considerations

Avoiding Intestacy: Without a valid will, Florida laws dictate the distribution of assets, which may conflict with Islamic guidelines.
Marital Inheritance: Spousal rights under Florida law differ from the spousal shares outlined in Sharia, necessitating tailored planning. Relying on the intestate inheritance laws of Florida will surely result in consequences that do not align with Islamic requirements.
Trusts for Flexibility: Trusts can be used to manage asset distribution while respecting Islamic principles. They also provide tax advantages and protection from probate.

Our experience as Florida estate planning attorneys allows us to guide Muslim families through these complexities, ensuring their plans honor both their faith and legal obligations.

Trusts as a Complementary Tool

Trusts are an invaluable tool for families who want to ensure a seamless transfer of assets while minimizing complications. For Muslim families, trusts offer additional flexibility while respecting the fixed shares required under Islamic law.

Benefits of Trusts

Avoid Probate: Trusts allow for the direct transfer of assets without the delays and expenses of probate.
Control Asset Distribution: Trusts can specify the timing and conditions for distributions, which is helpful for minor heirs or long-term financial planning.
Accommodate Religious Donations: Trusts can include provisions for charitable giving in accordance with Islamic principles.
Lifetime Giving: For people who want to provide individuals with funds beyond what is prescribed by Islamic Inheritance Laws, irrevocable trusts are a helpful tool to utilize unlimited lifetime gifts to provide for a beneficiary during one’s lifetime and beyond.

Working with a Florida estate planning attorney ensures your trust is legally valid and aligned with your goals.

Planning for Future Generations

Estate planning for Muslim families often involves looking beyond immediate heirs to consider how to provide for future generations. This forward-thinking approach is consistent with Islamic principles that emphasize long-term family welfare and preserving wealth responsibly. Incorporating this perspective into your estate plan ensures that your legacy continues to benefit your descendants.

Establishing Endowments (Waqf)

A waqf is an Islamic endowment used to support charitable causes or sustain family members over generations. While not commonly used in Western estate planning, it is an excellent way to blend religious principles with modern tools. A waqf can be structured as part of your estate plan to fund causes like education, religious institutions, or community services.

Creating Educational Trusts

Setting up a trust specifically for education expenses ensures that your children and grandchildren can pursue their academic goals without financial burdens. This aligns with Islamic values emphasizing knowledge and education.

Protecting Wealth with Asset Management

For families with significant assets, creating a plan to protect and grow wealth responsibly is essential. Trusts or investment portfolios can be established to ensure assets are managed in a way that benefits future generations while adhering to Islamic guidelines.

Incorporating Family Discussions

One of the most overlooked but impactful steps is engaging your family in estate planning discussions. By communicating your wishes clearly, you can prevent future conflicts, instill shared values, and educate younger family members about their responsibilities. As Florida estate planning attorneys, we often guide families through these sensitive conversations to ensure clarity and understanding. By including provisions for future generations in your estate plan, you ensure that your faith and values continue to shape your family’s success for years to come. With the right legal tools and guidance, these goals can be achieved seamlessly.

Common Challenges and How to Address Them

Estate planning for Muslim families often involves navigating unique challenges. These include ensuring compliance with Islamic inheritance laws, balancing the needs of heirs, and managing differences between Florida law and religious traditions.

Common Challenges

Balancing Shares: Ensuring the estate is distributed according to fixed shares can be complicated, especially with blended families or significant debts.
Including Non-Heirs: Incorporating individuals not entitled to a fixed share, such as adopted children, requires thoughtful planning.
Legal Discrepancies: Reconciling Florida laws with Sharia requires meticulous attention to detail.

We have helped many Muslim families address these challenges by crafting personalized plans that honor their traditions and meet legal requirements. With careful planning, these obstacles can be overcome.

Why Expert Guidance from an Attorney Matters

Planning your estate is one of the most important decisions you’ll make, and it’s not something to navigate alone. As Florida estate planning attorneys, we’ve seen how even minor oversights can lead to complications for families. For Muslim families, the added layer of ensuring compliance with religious obligations makes professional guidance even more essential. Here’s how we help:

Understanding Your Needs: We take the time to understand your family structure, religious beliefs, and goals.
Tailored Solutions: Every family is unique. We create personalized plans that reflect the Islamic faith and comply with Florida law.
Legal Expertise: Our experience with Islamic inheritance laws and Florida estate planning ensures your plan is thorough and enforceable.

By working with an attorney, you gain peace of mind knowing your wishes will be respected and your loved ones will be cared for.

Contact Battaglia, Ross, Dicus & McQuaid, P.A. for a Free Consultation

If you’re ready to create an estate plan that respects your religious traditions and ensures compliance with Florida law, Battaglia, Ross, Dicus & McQuaid, P.A. is here to support you. We understand that estate planning is deeply personal and often involves balancing complex legal requirements with family values and faith-based principles. Our team brings decades of experience in estate planning, coupled with a commitment to providing compassionate and professional service that is tailored to each client’s unique situation. We take pride in our history of success, having helped countless families in Florida safeguard their legacies and provide for their loved ones. From drafting wills that align with Islamic inheritance laws to structuring trusts that support both immediate heirs and future generations, we are equipped to handle every aspect of the estate planning process with precision and care. Our approach is always client-focused, ensuring your wishes are honored and your family’s future is secure. With a reputation for excellence and a long-standing presence in the community, we are proud to be one of Florida’s most trusted law firms. Contact us today for a free consultation. Together, we can create an estate plan that reflects your values, protects your assets, and provides peace of mind for you and your family.

Award-Winning Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.

We are the law firm that you call when you want the best attorneys at a fair and reasonable price. When you walk into court with one of our attorneys by your side, you will be treated differently. Our lawyers have spent their careers developing connections and insights that will help your case. For more information please contact us at Battaglia, Ross, Dicus & McQuaid, P.A. to schedule a free consultation with an attorney today. We have three convenient locations in Pinellas County and Hillsborough County to better serve you. Battaglia, Ross, Dicus & McQuaid, P.A 5858 Central Ave suite St. Petersburg, FL 33707 +(197) 0232-0268 Battaglia, Ross, Dicus & McQuaid, P.A. – Downtown Office 136 4th St N #2233 St. Petersburg, FL 33701 +(197) 0232-0268 Battaglia, Ross, Dicus & McQuaid, P.A. – Riverview Office 12953 US-301 #102 Riverview, FL 33578 (813) 639-8111

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Battaglia, Ross, Dicus & McQuaid, P.A. Wins Sixth Consecutive Tampa Bay Times Best of the Best 2024

Battaglia, Ross, Dicus & McQuaid, P.A. — Mon, 26 Aug 2024 18:29:02 +0000

Battaglia, Ross, Dicus & McQuaid, P.A. is honored to be the Tampa Bay Times Best of the Best People’s Choice Award for 2024. This marks our sixth consecutive year receiving this recognition, thanks to the unwavering support of our clients and the Tampa Bay community. Your votes and trust inspire us to continually strive for excellence in our legal practice.

Due to your votes, we proudly secured top honors in six categories this year:

Best Law Firm
Best Title Company
Best in Business Law
Best in Defense Law
Best in Personal Injury Law
Best in Estate Law

About the People’s Choice Award 2024

The Tampa Bay Times Best of the Best: People’s Choice Award is a prestigious community-driven contest that identifies the top businesses and services in the Tampa Bay area. Each year, local residents cast hundreds of thousands of votes to recognize outstanding companies in the area.

Battaglia, Ross, Dicus & McQuaid, P.A.: A Legacy of Legal Excellence

Since 1958, Battaglia, Ross, Dicus & McQuaid, P.A. has been a cornerstone of the legal community in Tampa Bay. Founded by Anthony S. Battaglia, the firm is known for its dedication and personalized legal representation.

We serve clients across Tampa Bay and St. Petersburg, providing legal services in:

Personal Injury

Our personal injury practice covers a wide range of incidents, including car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, boating accidents, slip and fall incidents, dog bites, wrongful death, brain injuries, and spinal cord injuries.

Criminal Defense

In criminal defense, we handle a wide range of cases including DUI defense, drug charges, theft charges, violent crimes, domestic violence, federal crimes, juvenile defense, traffic violations, white-collar crimes and probation violations.

Estate Planning Law

Battaglia, Ross, Dicus & McQuaid, P.A. offers estate planning services including wills, trusts, probate administration, estate planning, guardianship, elder law, special needs planning, Medicaid planning, and advance directives.

Wills, Trusts, and Probate

In the area of wills, trusts, and probate, we offer a comprehensive range of services. Our expertise includes wills, trusts, probate administration, estate planning, guardianship, elder law, special needs planning, Medicaid planning, and advance directives.

Business and Commercial Litigation

Our business and commercial litigation practice encompasses various areas including contract disputes, business torts, real estate litigation, construction litigation, partnership disputes, shareholder disputes, non-compete agreements, intellectual property disputes, and employment disputes.

Real Estate Law

For real estate law, we handle residential real estate, commercial real estate, real estate transactions, landlord-tenant disputes, property development, zoning and land use, title issues, foreclosures, construction law, and homeowners association (HOA) law.

Property Damage

We offer a wide range of property damage services, including insurance claims, storm and hurricane damage claims, fire damage claims, water damage claims, mold damage claims, vandalism claims, business interruption claims, property loss disputes, appraisal and mediation, as well as litigation services. Our expertise extends to handling complex litigation cases, which can be found in our section on complex litigation.

At Battaglia, Ross, Dicus & McQuaid, P.A., we pride ourselves on our extensive professional network. Whatever your legal concern, we can address it or refer you to the right expert for the best outcome.

Our Commitment to Clients

Winning the Best of the Best award year after year is a testament to our unwavering commitment to client satisfaction. We prioritize your needs, providing personalized attention and expert legal guidance, ensuring that you feel supported every step of the way.

What Sets Us Apart

Our firm’s reputation is built on our exceptional courtroom performance and a proven track record of success. We handle high-profile and complex cases with skill, experience, and dedication, delivering results that consistently exceed client expectations.

Engagement in Community Service

Community service is a foundational value at Battaglia, Ross, Dicus & McQuaid, P.A. Our attorneys are actively involved in various acts of civic participation, community service, and leadership roles, giving back to the community that supports us.

For example, Attorney Sean McQuaid’s service includes his long-standing involvement with the Harbor Isle Homeowners’ Association in St. Petersburg, where he has served as President or Vice-President for thirteen years. Attorney Howard Ross has organized and participated in local beach cleanups through Keep Pinellas Beautiful, ensuring our coastlines remain pristine and protected. Attorney Andrew Pardun has been recognized by The Florida Bar for his meritorious public service, exemplifying our firm’s dedication to making a positive impact on the community.

Our commitment to community service extends beyond these individual efforts, as the entire firm participates in annual charitable events, including food drives for the St. Petersburg Free Clinic and fundraising events for local schools and non-profit organizations. Through these collective efforts, Battaglia, Ross, Dicus & McQuaid, P.A. demonstrates its unwavering dedication to the well-being and betterment of our community.

A History of Recognition

At Battaglia, Ross, Dicus & McQuaid, P.A., we are proud of our longstanding tradition of excellence, and we continue to be honored with numerous accolades. In addition to the prestigious Best of the Best award, our firm boasts over 430 awards and has been recognized as a Tier 1 law firm by U.S. News & World Report.

Our impressive list of honors includes:

Florida Trend Legal Elite: Attorney Sean McQuaid has continuously been recognized for his outstanding contributions to the legal field.
Florida Super Lawyers 2024: Being acknowledged by Super Lawyers has become an annual honor for our firm. In 2024, seven attorneys, Sean McQuaid, Aubrey Dicus, Howard Ross, Caitlin Szemotowicz, Robert Kapusta, Andrew Pardun, and Lama Alqasemi, have all been named Florida Super Lawyers in 2024 for their exceptional legal expertise and dedication.
The Best Lawyers in America: Every year we have been honored that our attorneys have been listed among The Best Lawyers in America, signifying their high level of peer recognition and professional achievement. In 2025, twelve of our distinguished attorneys received this honor.
Best of the Bay by Creative Loafing: Attorney Sean McQuaid received this local recognition in 2022 for his impactful community service and legal excellence.
Lawyers of Distinction: Attorney Sean McQuaid and Attorney Howard Ross have both been acknowledged as Lawyers of Distinction for their superior legal skills and ethical standards.

These recognitions reflect our unwavering commitment to providing top-tier legal services and underscore the exceptional talent and dedication of our attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.

Contact Us Today

If you need legal services in St. Petersburg or throughout Pinellas County and Hillsborough County, call Battaglia, Ross, Dicus & McQuaid, P.A. to experience the top-tier representation that has earned us our outstanding reputation.

Visit us at www.stpetlawgroup.site or call or text +(197) 0232-0268 for more information or to schedule a consultation. Thank you for your continued support!

Award-Winning Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.

For more information please contact us at Battaglia, Ross, Dicus & McQuaid, P.A. to schedule a free consultation with an attorney today. We have three convenient locations in Pinellas County and Hillsborough County to better serve you.

Battaglia, Ross, Dicus & McQuaid, P.A 5858 Central Ave suite St. Petersburg, FL 33707 +(197) 0232-0268

Battaglia, Ross, Dicus & McQuaid, P.A. – Downtown Office 136 4th St N #2233 St. Petersburg, FL 33701 +(197) 0232-0268

Battaglia, Ross, Dicus & McQuaid, P.A. – Riverview Office 12953 US-301 #102 Riverview, FL 33578 (813) 639-8111

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2024 Best Law Firms Recognized by Best Lawyers

Battaglia, Ross, Dicus & McQuaid, P.A. — Fri, 03 Nov 2023 18:21:51 +0000

Battaglia, Ross, Dicus & McQuaid, one of Tampa Bay’s leading law firms, is pleased to announce its recognition for professional excellence by Best Lawyers in the 2024 Best Law Firms Awards. Battaglia, Ross, Dicus, & McQuaid has been included in the 2024 Best Law Firms Awards in the following 12 practice areas:

1. Personal injury
2. Business
3. Closely held companies
4. Commercial litigation
5. Corporate law
6. Criminal defense
7. Criminal defense – white collar
8. Insurance law
9. Mergers and acquisitions
10. Real estate
11. Trusts and estates
12. Commercial transactions

Chosen from Over 15000 Firms in More Than a 180 Regions Throughout the US

Best Lawyers is the most esteemed and longest standing company in the legal profession for research, legal rankings and are Purely Peer Reviewed. They independently launched the rebranded Best Law Firms on their new website bestlawfirms.com that highlights an extensive evaluation of over 15,000 law firms covering all aspects of practice in over 180 regions throughout the US. Eligibility for obtaining a Best Law Firms ranking begins with the firm having at least one lawyer recognized in the latest edition of The Best Lawyers in America, and in a Best Law Firms practice area within the same geographical area. After the eligibility criteria are met there is the submission process, analysis of research components, ranking by tiers, awards and award notification, and public release. This process or The Best Law Firms methodology has been in place since they began these awards in 2010.

Award Winning Team

Once again, congratulations are in order for Battaglia, Ross, Dicus &McQuaid. Not only have they been ranked in the 2024 Best Law Firms, but they had 9 lawyers recognized in the the top 5.3% of outstanding attorneys in the nation by the commemorative 30th edition of The Best Lawyers in America and 2 lawyers in the 4th edition of Best Lawyers: Ones to Watch in America.

Established in 1958

Battaglia, Ross, Dicus & McQuaid is the oldest law firm in St. Petersburg. Established in 1958, they have provided dedicated and personally tailored legal representation attainable to individuals and businesses across Florida for over 65 years. They have extensive experience in the areas of civil litigation, personal injury, automotive accidents, complicated commercial transactions, and corporate affairs. They are well versed in employment and appellate law, real estate and title insurance, wills, trusts, probate, traffic matters and criminal defense. Their lengthy record of success in the courtroom, including a vast number of complicated high profile cases, has earned this firm a respected reputation for excellence. At Battaglia, Ross, Dicus & McQuaid, our exclusive group of highly skilled attorneys representing our Metropolitan Tier 1 law firm are committed to giving each and every client, regardless of size, the detailed attention their matters deserve. We will put your best interests first to achieve the finest legal outcome possible. If you need legal guidance, we can help. Please contact us today.

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Three Best Rated Name Battaglia, Ross, Dicus & McQuaid P.A’s Estate Planning Lawyers as the Best in St. Petersburg

Battaglia, Ross, Dicus & McQuaid, P.A. — Mon, 15 May 2023 13:45:03 +0000

Congratulations to the firm’s Estate planning lawyers! The firm is proud to announce this honorable achievement, Three Best Rated “Top 3 Estate Planning Lawyers in St. Petersburg”. Three Best Rated is a dependable source that finds the leading businesses in the area. The “Top Estate Planning Lawyers in St. Petersburg” has been awarded to the following attorneys:

Robert Kapusta
Hunter Rawls
Lama Alqasemi
Bruce Marger

Each of these lawyers is deeply committed to their clients because they understand the importance of securing a solid financial future and preparing and protecting peoples’ legacies.

The firm’s Estate Planning division specializes in the following fields:

Selection of Fiduciaries
Selection of Beneficiaries
Family Limited Partnerships
Family Trusts
Homestead and Real Estate Issues
Lady Bird Deeds
Last Will and Testament
Durable Power of Attorney
Advance Health Care Directives
Living Will & Revocable Living Trust

They represent clients all throughout Florida and help families through every stage in life. The Estate Planning Attorneys of Battaglia Ross Dicus & McQuaid P.A have also won the Tampa Bay Times Best of the Best, People’s Choice Award from 2019-2021, Avvo 10.0 rating, Florida Legal Elite, Best Lawyers in America, Super Lawyers, and more.

About Three Best Rated

Experts at Three Best Rated use a rigorous 50-point inspection system to find the leading local businesses. They filter through areas like reputation, history, excellence, cost, trust, customer satisfaction, ratings, and reviews to find top-notch, reliable businesses. Their goal is to do the “due diligence” to make it easy for customers to find quality professionals and honor local businesses who deliver great services.

Battaglia, Ross, Dicus & McQuaid, P.A.

Battaglia, Ross, Dicus & McQuaid, P.A. serves clients with diverse needs since 1958. It is the oldest firm in St. Petersburg. The estate planning attorneys are compassionate and provide a personalized approach for every client. They are deeply committed to understanding their clients needs and providing legal guidance that serves the client’s best interests.

The estate planning attorneys offer free consultations.

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What is the Five-Year Lookback for Medicaid in Florida?

Lama Alqasemi — Tue, 27 Dec 2022 16:53:55 +0000

The ‘Five-year’ lookback for Medicaid in Florida is a period of time used by the government to prevent Medicaid applicants from giving away their money or resources in an attempt to qualify for Medicaid benefits that they would otherwise be ineligible for.

Put simply, in the five years prior to your application, you cannot ‘give away’ your assets in an illegible manner (such as below fair market value).

The most common ineligible asset transfer is the gifting of an asset or cash to a relative. By being aware of these rules, you can plan carefully with a Florida elder law attorney well in advance

What Is the Medicaid Lookback Penalty Period?

When you apply for Medicaid for long-term care benefits, your recent finances will be reviewed. If prohibited transfers of money or assets are recognized your application will not only be rejected, but you’ll also face a penalty period. A good application will have explanations detailing any unusual or unexpected expenses paid out from a bank account with substantiation to avoid any delays.

How to Calculate the Medicaid Lookback Penalty in Florida

The Medicaid lookback penalty period is calculated from the total amount of ineligible transfers and the average private patient rate (penalty divisor) for nursing home care in Florida.

Number of Months Excluded from Receiving Medicaid Payments = Total ineligible transfers ÷ the penalty divisor

In 2022, the Florida penalty divisor is $9,703 per month.

For example, if you made $115,000 in ineligible transfers over the past 5 years (during the lookback period), which included your home and gifting of money, then you’d be penalized from benefits for 11.85 months. Submitting an application will allow an applicant to trigger the penalty period. After the penalty period ends, he or she will be able to reapply.

$115,000 ÷ $9,703 = 11.85 months ineligibility period.

Note that improperly disposed assets are classified as those that are gifted, transferred or sold for less than their fair market value.

How Do I Get Around Medicaid 5-Year Lookback?

There are still legal ways to reduce your asset and income levels without breaching the five-year lookback for Medicaid in Florida rules. It’s advised that you always consult an elder law attorney before making these actions, but they can include:

Community Spouse Resource Allowance (CSRA): As of 2023, you can transfer up to $148,620 to your spouse as long as they continue to live independently. This rule prevents the spouse who isn’t going to receive nursing home care from having inadequate funds available.
Disabled Children: You can also transfer assets to disabled children aged under 21 to pay for their care. The best way to do this is usually by creating a trust in their name.
Siblings: Siblings that have been living in your home for at least a year and own a portion of it may also receive your share of the home.
Adult Children Caregivers: Adult children who are primary caregivers and have lived with the applicant for at least the past two years can receive the home without penalty.
Pay Off Debt: Medicaid rules do not prohibit paying off personal or joint debts, including mortgages or HELOCs or residences you can transfer to others.
Spending Down: You are also allowed to spend the money as you wish on home improvements.

How to Legally Protect Your Assets Before the “Look Back” Period?

If you or a loved one don’t need immediate long-term care, it’s advised that you plan in advance regardless. Planning in advance is one of the wisest things you can do for your long term care. Here’s what you should do:

Have your estate plan created and updated, including:
- Updated wills
- Updated trusts
- A valid power of attorney and medical power of attorney document
- Health care directives
Consider creating an irrevocable trust for Medicaid purposes, which allows you to protect your assets and income while still qualifying for Medicaid long-term care.
Consider obtaining long-term care insurance coverage.
Consult an elder law attorney for the best strategies for you and your family.

How Do I Protect My Home From Medicaid in Florida?

Married Couples

If you’re a married couple, with one spouse applying for Medicaid in Florida, then Medicaid will not come after your home.

The at-home house (known as the ‘community spouse’) is protected and may live there, regardless of the value of the home or the Medicaid status of the applicant spouse.

If the community spouse passes away before the Medicaid spouse, however, there may be room for concern. This is why it can be wise to consider putting the home in a trust at some point to protect it from creditors.

Single People

Medicaid applicants who are single, and will be moving to a nursing home or assisted living facility, are allowed to own a homestead of up to $636,000 (2022).

Even if that applicant never returns home, it is protected and is not a countable asset for Medicaid purposes. It is also protected from creditors if it descends to your heirs.

Issues may arise though, as all your income will be going to the nursing home costs, so your family will likely need to pay for upkeep, mortgage, insurance and taxes.

Renting the home adds further complication and can result in it losing creditor protection.

What Assets Are ‘Countable’ in the Five-Year Lookback for Medicaid in Florida?

The following assets are considered ‘countable’ during the five-year lookback for Medicaid in Florida.

Cash
Stocks
Bonds
Investments
Credit Union
Savings
Checking Accounts
Real Estate (not including the applicant’s residence or the value of one income-producing property).

Hire an Elder Law Attorney in Riverview

If you or a loved one needs assistance navigating the five-year lookback for Medicaid in Florida, or has any questions, our Florida Medicaid planning lawyers can help. We advise that you consult with as soon as possible, to avoid making any costly mistakes and to put you and your loved ones at ease. We welcome you for a free assessment today.

Free Assessment

Battaglia, Ross, Dicus & McQuaid, P.A. is U.S. News and World Reports Tier 1 law firm in Florida, specializing in Estate Planning & Probate since 1958. With award-winning, experienced estate planning attorneys, they can help you plan for the future today.

Schedule a free assessment today to get started

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Do I Need an Elder Law Attorney in Florida?

Lama Alqasemi — Mon, 31 Oct 2022 16:40:14 +0000

Elder law attorneys in Florida can provide legal guidance for seniors to ensure their finances and estate plans are optimized. This article will cover the key benefits of hiring a lawyer.

What is Elder Law?

Elder law is an area of estate planning that focuses on helping people adapt and prepare for senior life.

With age, the burdens of estate planning grow. Areas such as long-term care, advance directives and inheritance wishes suddenly zoom into view. These areas involve complex legal matters. A Florida elder law attorney can help you manage these areas, optimizing your finances and assets to bring you the smoothest experience.

When Do I Need an Elder Law Attorney in Florida?

It’s advised that anyone aged 65 or over considers an elder law attorney to manage the changes your family is set to face. However, those considering nursing homes, retirement or end-of-life care should also contact a lawyer regardless of age.

Common examples include planning for incapacity, transferring assets before moving into a nursing home, or planning how your estate will be shared after your death.

Checklist

If you say yes to any of these questions, you should contact a Florida elder law lawyer.

Do you need to create or edit a will?
Is your estate complex?
Would you like to receive expert advice on whether you should use a trust?
Do you need support with qualifying for Medicaid?
Have you been told by someone that you do not qualify for Medicaid?
Would you like to plan for incapacity?
Would you like to protect your assets?

Determining Medicaid Support

Medicaid is a federal program helping low-income Americans to receive healthcare benefits. Around 63 million Americans currently receive coverage from it. It can help cover nursing home and senior care costs.

However, determining Medicaid care eligibility is complicated and stressful. A Florida elder law attorney can provide assistance to help you through the process and ensure you don’t miss out.

Medicaid planning may require extensive asset structuring, so you can retain enough of your income and assets and still qualify for Medicaid benefits.

Florida has its own strict Medicaid long-term care assistance requirements and there are many ways to qualify an individual even if they do not qualify for Medicaid currently. Working with a local Florida elder law attorney ensures that you have the best plan possible and qualify for Medicaid sooner rather than later.

Planning for Long-Term Care

Long-term care is sadly expensive but critical to the well-being of many seniors. Whether you or your loved one need to move to an assisted living facility or nursing home, planning can make the process much easier.

Long-term care insurance can help you cover the costs. The earlier you start, the better. By using an experienced Florida elder law attorney, you can arrange your finances as best possible to help you afford long-term care.

Incapacity Planning

If you become incapacitated via illness or injury, you will no longer be able to make important financial or health-related decisions. That’s where incapacity planning comes in.

A Florida elder law attorney can help you understand and consider your options, such as by making advance directives that can cover your medical wishes, life-support beliefs and medication or surgical preferences.

You can also name a specific Health Care Surrogate (a person selected to make healthcare decisions on your behalf).

Similarly, a ‘Power of Attorney’ can be appointed to manage your finances and related legal matters should you no longer have the ability yourself.

A living will can also list instructions regarding health care and end-of-life support.

Our lawyers can help you sign the required documents for this, preventing them from being invalid or at risk of misinterpretation.

To Assist with Estate Planning

Basic estate planning, such as creating a will, should start at any age. But as a senior, it becomes even more important. Years of collected wealth, assets and debts need handling. This task can be long, overwhelming and rife with potential mistakes that make documents invalid.

An elder law attorney can help you navigate tough decisions, tax implications and asset structuring to protect your family’s wealth.

This can include:

Creating a will
Creating a trust
Creating trusts for life insurance policies
Filing out and executing advance directives
Guardianship decisions
Management of 401ks and IRAs
Minimizing tax implications
Health care directives
Power of attorney directives
Pet trusts

Wills and Trusts

A will is a critical part of any estate plan, but it can be complicated to write if you have a complex estate with many children and grandchildren.

Our Florida elder law attorneys can help you through the process, ensuring that you do hit problems due to ex-spouses, children from other marriages, debts, life insurance policies and other assets.

Similarly, you can utilize dozens of different types of trusts to benefit your family. From asset protection to generational wealth protection, you can use trusts to direct your assets in the way you desire.

Our attorneys can analyze your estate to determine what’s best for your family and take care of the complex legal matters required to complete the job.

Hire an Elder Law Attorney in St Petersburg, FL

If you or a loved one needs support with estate planning or long-term care planning, then our Florida estate planning attorneys can help. From structuring your assets to qualify for Medicaid to creating a trust, we’ll make the process smooth and optimized.

Free Assessment

Schedule a free assessment today to get started.

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October is National Estate Planning Awareness Month

Lama Alqasemi — Mon, 17 Oct 2022 18:08:48 +0000

Fall is a season of transition – most evident by leaves changing color and cooler weather. It’s also time to remind individuals and families of the importance of creating and maintaining an estate plan. That’s because October is National Estate Planning Awareness Month.

No estate is too small to prepare an estate plan for. No matter how large or small, almost everyone has an estate. Your estate is anything you own, including:

Automobiles
Real estate
Financial assets
Investments
Personal possessions
Life insurance

When you pass away, you cannot take your estate with you. Thus, estate planning involves determining how to preserve and distribute your assets after death. It also deals with managing your property, if you own any, and how to handle financial obligations if you become incapacitated.

You may wonder why anyone would want to plan for a seemingly remote tragic circumstance. However, planning ahead will save your family members from having to make tough decisions down the line and will ensure a smooth transition for your loved ones.

Estate Planning 101

When estate planning, you’re essentially making a plan for your assets in advance. Your estate plan will name the people or organizations receiving your belongings after you pass away and who you want to help you manage those assets if you become incapacited. It will also include steps to carry out your plan and can be tailored to your specific wishes.

Everyone needs three essential estate planning documents: a living will, durable power of attorney, and a last will and testament. Thorough estate planning should also include the following:

Instructions for your financial affairs in the event you become incapacitated
Instructions for your care if you become debilitated before death
If necessary, arrangements for disability insurance, long-term care insurance, and life insurance
Specifications for the transfer of your business if you become disabled, incapacitated, or pass away
Appointment of a guardian to care for your minor children and their inheritance
Provide for loved ones who need financial aid or may be irresponsible with money
Provide for family members with special needs
Minimize taxes, court fees, and legal costs associated with funding assets into a living trust
Designated beneficiaries

As you can see, estate planning involves a lot of forethought and detail-oriented preparation. It’s not a single event. Instead, it’s an ongoing process you should review and update throughout your lifetime. Most Estate Planning Attorneys will advise you to keep your estate plan up to date in accordance with your family and financial circumstances.

Everyone Should Have an Estate Plan

According to the American Bar Association, only about 36% of American adults have a Last Will and Testament or Trust. So, if you don’t have an estate plan yet, you’re not alone.

A common misconception is that estate planning is only for retirees and older people. However, that is a fallacy. Because tomorrow is not guaranteed, and nobody knows how long they will live, estate planning is a tool that everyone should use to prepare for the end of their lives and the comfort of their loved ones.

Another common misunderstanding is that estate planning is only for wealthy people. However, estate planning can be just as helpful, if not more impactful, for families with modest assets. In addition, it can save your loved ones time, energy, and resources when managing your assets later. The bottom line is that you can never predict illness, injury, or accidents, so it’s always good to have a plan.

If You Don’t Have a Plan, the State Will Have One for You

Many people falsely assume that they don’t need estate planning if they don’t own a lot. What ends up happening is that the families of those without an estate plan are left to pick up the pieces.

The state will have one for you if you do not have an estate plan. So, for example, the state can appoint someone to sign for your business if you become disabled. Or, if you die without an estate plan, the state can make arrangements for your asset distribution that will likely not align with what you would have wanted.

How Do I Start Estate Planning?

Estate planning starts with a will or a living trust. A will only defines how assets in your name will be distributed. However, a will must still go through probate court before your assets get distributed to your intended beneficiaries. The great thing about estate planning is that it gives your family the benefit of handling such matters privately rather than by the courts.

Is Estate Planning the Same as Probate?

While estate planning is a financial plan, probate administration is the court process that will decide how to distribute your property. Probate administration only applies to probate assets. In other words, specific assets bypass the probate process and go directly to your beneficiaries. Examples of assets that don’t need to go through the probate process include the following:

Assets in a living trust
If the deceased person has designated beneficiaries of an asset (such as life insurance or a retirement account)
Any property held in joint tenancy (for example, if you and your spouse own a joint bank account)

If you’re unsure about which assets need to go through the probate process, it’s always best to consult an experienced probate attorney. The titling of assets and beneficiary designations are essential tools that should be strategized in your estate plan, but only after consulting with an Estate Planning Attorney.

Start Estate Planning Today

The best time to start your estate planning is now. Estate planning should be a priority regardless of your age or income status.

We hope Estate Planning Awareness Month will encourage you not to delay any longer. If you already have one, consider reviewing or updating it. Having your estate plan updated will provide you and your family with comfort in knowing that your wishes will be honored and your family will continue to thrive in your legacy.

If you have questions about wills, trusts, estate, or probate or need legal representation, contact our Estate Planning & Probate Attorneys today.

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How to Protect Your Small Business in Estate Planning

Hunter Rawls — Tue, 26 Apr 2022 16:47:30 +0000

Protecting your small business through estate planning is a critical step that should be taken by anyone who wants to control who will take over the business after retirement, disability or death. Making plans can also ensure that your loved ones inherit the business’ financial success.

While estate planning for your small business may seem daunting, it can be easily understood when explained in basic English. That’s exactly what our Florida estate planning attorneys will try to achieve in this blog!

The Steps to Protecting Your Small Business With Estate Planning

Create a will and estate plan
Contact an estate planning attorney
Consider tax planning
Resolve family-owned business issues
Buy life insurance and disability insurance
Create succession plan
Speak to the affected people
Keep your small business estate plan updated

Estate planning for a small business requires detailed thinking and various hypotheticals. You should not attempt to put an estate plan together alone. In the world of business, one mistake can leave the door open for liability. That’s the last thing your surviving family needs when you pass away. Instead, you should consult an estate planning attorney who has significant experience.

1. Create a Will and Estate Plan

The first critical step you should take is to create a basic estate plan and, most importantly, a will.

Create a will that records your wishes for how your small business and assets should be distributed after your death.
Appoint a ‘power of attorney’, who will manage your finances and business decisions if you’re incapacitated.
Appoint a ‘healthcare directive’, who will make medical decisions if you no longer can alone (such as treatment and life support).

If you don’t have a will, your business will be distributed according to Florida’s intestate laws. But by having a will, you can control how the business is divided up and dealt with after your death or incapacitation.

In the will, you should also appoint a ‘power of attorney’. This individual gains authorization to make financial and business decisions on your behalf.

Doing these steps will ensure you have a basic estate plan. After this, you should consult your estate planning lawyer to cover deeper issues.

For example, it may suit your circumstances to place your assets into a trust and title business assets in the trust’s name. Doing so may make for a smooth transition for your surviving spouse. These types of decisions will vary with each small business owner.

2. Consider Tax Planning

Tax planning is an often overlooked part of small business estate planning.

There may be legal ways you can restructure your business to minimize the taxes your surviving loved ones will face. Tax laws are constantly changing, however, and naturally, legally sensitive. You should always speak to an estate planning attorney specializing in tax planning – both for your safety and your financial benefit.

The U.S. government currently imposes an estate tax, which must come from your estate before your beneficiaries receive their share.

However, the current 40% federal estate tax only applies to estates worth over $11.18 million. Which tends to mean a small business is unaffected. Florida currently has no state inheritance tax.

Other tax considerations may be required. For example, many of your assets may be in a retirement account. These will pass to your beneficiaries but later be taxed on withdrawal.

An estate planning attorney may be able to prevent this scenario from arising.

3. Resolve Family Owned Business Issues

Estate planning for small businesses that are family-owned comes with a range of unique issues. For example, there may be tension and fights over who will become the owner once you retire or pass away.

There are plenty of solutions. For example, you can plan for all the assets to pass to your future owner of choice. This can prevent any in-family fights that could put the family and business at risk.

You should also use estate planning to ensure the assets remain in the family, if you wish. When there are other external business partners, there is a risk that this doesn’t happen.

This is an often overlooked estate planning step, but one that you should not neglect. As always, consult an estate planning attorney before making any decisions legally binding.

4. Buy Life Insurance and Disability Insurance

Every small business owner should have life insurance or disability insurance. It’s critical as it will ensure your family has a source of income if you pass away or become disabled.

There are two common types of policies you can buy:

Personal life and disability insurance with your family as the named beneficiary.
Key Person Life and disability insurance with the business as the named beneficiary.

An estate planning attorney can help you determine how much coverage you need to purchase.

5. Create a Succession Plan

A succession plan is often considered succession planning rather than estate planning, but should still be addressed. Your will should state who you want to receive after your death. Most importantly for your small business, you should state who you want to run your business.

This is a critical step because it can ensure the business runs smoothly or is prepared for a sale without any hiccups.

Succession plans contain a multitude of hypothetical and business details and should be assisted by an estate planning attorney.

Note: Keep your succession plan documents consistent with your will – to prevent invalid documents and expensive litigation later.

6. Speak to the Affected People

A key step in any mature and successful small business estate planning is to discuss your plans with the affected people and parties.

These may be tough conversations with uncomfortable truths. But doing so can prevent fights in the future and ultimately prevent pain when someone assumes something that isn’t true.

In many cases, it can be wise to have the entire family sit down with your estate planning lawyer so everyone is on the same page with the same vision.

7. Keep Your Small Business Estate Plans Updated

The number one mistake after small business owners create their estate plan is to forget about it.

You must keep it updated. Any time there are laws changes, family changes, business changes or changes to your vision and wishes – update it!

If you don’t, someone important (such as a grandchild) may miss out on an inheritance, or an ex-spouse may still be listed in the will.

Having an estate planning attorney on your side can ensure you keep up with the transitions in your life and the law.

Contact an Estate Planning Attorney for Small Businesses

The most important and final step is to contact an estate planning attorney. Our Florida estate planning attorneys can help with every step from tax planning and will drafting to litigation or trusts.

We’re just a phone call away,

Free Consultations

Battaglia, Ross, Dicus & McQuaid, P.A. is U.S. News and World Reports Tier 1 law firm in Florida, specializing in Estate Planning & Probate since 1958. With award-winning experienced estate planning attorneys, they can help you create a will to avoid complications for your family after your death.

Schedule a free consultation today to get started.

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Do I Need a Probate Lawyer in Florida?

Robert Kapusta — Mon, 28 Jun 2021 11:58:53 +0000

Probate lawyers in Florida can resolve various problems that are near impossible to overcome without professional support. From family conflicts to the validity of wills, here’s a guide on why you need a probate lawyer in Florida:

What Is Probate?

Probate is a legal term given to the process of proving a will. Probate ensures that the deceased’s estate is distributed fairly among the heirs by following the wishes planned in their Will. If there was no Will left behind, the process goes through probate court to determine how the estate will be distributed among the deceased’s heirs. While probate can often take a few weeks for smaller estates, it can last years for bigger estates with individuals making claims and petitions in court.

What Is a Probate Lawyer?

A probate lawyer is a Florida state licensed attorney who guides the executors and beneficiaries of a will or estate through the probate process. From identifying estate assets and beneficiaries, to distribution of the inheritances, they ensure everything is done correctly and as planned by the deceased when they were alive. Probate lawyers help avoid conflicts, misunderstandings and ensure a smooth transition of assets outside of court.

Do I Need a Probate Lawyer in Florida?

In almost all circumstances, you are required to hire a Probate lawyer in Florida. There are only rare instances where it is not necessary. These include ‘disposition without administration’, ‘summary administration’ (for very small estates) and any estate where the executor is the sole beneficiary. However, even then it is advised given the technical complexities.

To Overcome The Technical Hurdles

Under Florida probate law, after someone passes away, their assets must be transferred out of their name. Doing so requires complicated technical rules and hurdles that can be highly frustrating for a non-lawyer. In particular, the system in Florida is often too complex to follow without guidance and there is a lack of set-up to provide legal assistance. Judges in Florida require probate documents to meet various specifications and wordings through forms that are mostly unavailable online or even in libraries.

To Avoid Family Conflict

The last thing you want after a family member passes away is a conflict in the family over money or assets. Sadly, it’s a story that repeats itself time and time again. One famous example came following the death of Jimi Hendrix in 1970. With no will to his name, he left behind a $160 million estate. Fifty years later and that battle is still raging on. These battles are not limited to the rich and famous. Thankfully, a probate lawyer can step in and detangle the complexities of managing any estate so family rifts are stopped. They ensure everyone gets the slice of pie that was planned for them.

If a Family Member is Making Threats

If you hear rumors of family members suing over disagreements or you’re beginning to see conflicts arising, then contact a probate lawyer in Florida as soon as possible. Probate lawsuits can tear families apart and cost a lot of money. Acting fast will minimize losses and get everyone a fair resolution faster than without the help of a professional.

Determining Beneficiaries

If there is no will, or if it’s unclear, you may struggle to determine who is getting what and who is involved in the Will. A probate attorney in Florida will take action by petitioning the probate court to determine the identity of the true beneficiaries.

Challenging the Validity of a Will

Our probate lawyers in Florida regularly handle disputes over the validity of wills. These lawsuits can be filed before and after the Will is admitted to probate. Most commonly, a probate lawyer in Florida can help to contest wills for:

A lack of signing formalities.
If the person who made the Will lacked proper mental capacity when it was signed.
Undue influence
Fraud

Creating Estate Plans

Probate lawyers in Florida can also help be proactive. If your loved one has dementia or Alzheimer’s, for example, then a probate attorney can help put in place an estate plan while your loved one is still able to. This ensures their vision and wishes are documented before it’s too late. Perhaps most importantly, a probate attorney in Florida will protect your loved one from outside influences that wish to take advantage of them.

Surviving Spouses

If you’re a surviving spouse, Florida law entitles you to certain benefits. A probate attorney in Florida will assist you in maximizing your entitlements.

Creditor Claims

Often a creditor is owed money by a deceased person through unpaid medical bills or credit card bills. Family members should never voluntarily pay these bills, as there are certain criteria that the creditors must first meet. A probate lawyer in Florida can help provide guidance through creditor claims to ensure you and your loved one’s rights are protected.

Probate Attorney When There Is a Will

If someone in your family has died with a will to their name, then your family is advised to use a probate lawyer to guide all parties through the probate process – from the estate executor to the beneficiaries. This covers all manner of guidance from paperwork and distribution of assets to conflict and ensuring the Will was created in a fair environment – for example, if the decedent suffered from dementia.

Probate Attorney When There Is No Will

If the deceased did not create a will before their passing, then the estate is distributed among the rightful beneficiaries according to Florida law. In these circumstances, a probate attorney in Florida can help the estate administrator with the distribution of the assets in line with Florida state laws. In these situations, conflicts are often frequent and tensions can become high. Without a probate attorney in Florida, you may find yourself caught in disputes that last years.

Should We Use Summary Administration If Available?

Although summary administration may be an option to you if your family is entitled to a small estate, it may not always be the best option. For example, it may be unsuitable if:

The Will leaves property to many beneficiaries, who would each have to sign a contract to sell the property and other related papers.
The beneficiaries include minors, so guardianships may need to be set up until they’re adults. However, with a probate attorney, you may be able to avoid that through the Florida Uniform Transfers to Minors Act.
If a beneficiary is uncontactable, then summary administration cannot work without their presence. Probate, however, can.
If a beneficiary refuses to cooperate, formal administration will likely be required, improperly filing summary administration may actually lengthen the probate process.

Is It Too Late to Start Probate?

No. In Florida, there is no deadline to open a probate. Probate lawyers in Florida often handle estates years and sometimes even decades after a person’s death. However, issues may arise if heirs have also died since their loved one’s passing. Family members also sometimes lose track of each other, so the following generations aren’t aware of estates or know who is entitled. Thankfully, probate can start with minimal information and allow your family to receive the inheritance and assets they’re entitled to. If you have any concerns or fears over complications, it’s advised to speak with a probate lawyer in Florida to see which route is best for your family.

Do I Need to Appear in Florida To Probate an Estate?

These days everything is done by email, mail and phone. So unless a dispute hearing arises, there’s no need to go to a court in Florida.

Hire a Probate Attorney in Florida

If you and your family face difficulties with an estate, will, or trust, contact us today for a free consultation. Battaglia, Ross, Dicus & McQuaid, P.A. attorneys specialize in Estate Planning, Probate and Elder Law. With vast experience in helping families overcome complicated financial circumstances, he can help you today, whether that’s with estate planning, probate or more.

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