TRUST ADMINISTRATION
The Trust and related documents avoid the need to formally probate properly transferred into Trust. Any assets not properly transferred into the Trust must go through the Probate Process. However, the death of the Grantor still triggers certain events requiring formal action. The duties of a successor trustee are very analogous to the duties of a personal representative. The functions which are described here are often referred to under the term "settling the estate". A trustee is classified in the law as a "fiduci­ary". A fiduciary is a person who has been selected for a position of special faith, trust and reliance.

The Successor Trustee is entitled to possession and control of all of the assets of the Trust estate. Their duty is first and foremost to protect and preserve the assets of the Trust and also to see that the assets are invested in a prudent and cautious manner. For a more thorough explanations of the Trustee's Duties, please SEE our other website at www.charlesheimjr.com.

PROBATE and WILLS
Probate courts manage the administration of individual estates after a person passes away. This ‘Probate’ process is necessary to ensure property is correctly transferred to the heirs or beneficiaries of an Estate. Also, the Probate process ensures estate matters are properly addressed, including designating a Personal Representative, ensuring Creditors are appropriately handled, making sure the proper tax forms are completed, etc.

ESTATE PLANNING

TRUST AGREEMENT A trust directs what should happen to your property in the event of your incapacity and/or death, with a minimum of difficulty, much privacy and without the need for court intervention. While alive, you remain in control and can change the trust at any time. If you were involved in an incapacitating event, your family may be forced to seek appointment of a guardian or conservator, if you lack a durable power of attorney or trust. A funded revocable trust would be extremely useful because your successor trustee could intercede and administer the trust for your benefit, without the need for court intervention. After you pass away, the revocable trust still owns the property. Creating a revocable trust allows for the avoidance of the expense, delays and public aspects associated with probate. Upon your passing, your assets provide for your debts and final expenses, with the remainder distributed to your beneficiaries according to your instructions and without court involvement. In this way, your Trust would replace your Will.

LAST WILL AND TESTAMENT. It is important to have a Will if you own property, have children, or wish to make a special bequest to a friend, charity or a relative. Your Will is the best way to ensure that your property is distributed according to your wishes, next to a revocable trust agreement.

DURABLE POWER OF ATTORNEY This document is a very powerful and broad grant of authority to your designated agent, and, if need be, the alternate agent. This document allows your designated agent to manage your financials affairs. It gives them the legal right to sign your name to such documents as bank documents, the deed to your home, and tax returns. The effectiveness of the Power of Attorney begins upon signing and ends when you die.

ADVANCED HEALTH CARE DIRECTIVES The Advanced Health Care Directives authorize your designated agents to carry out your directives in the event you are unable to communicate your desire to extend, withhold or withdraw life-prolonging procedures under certain legally-permissible circumstances.

GUARDIANSHIP
Guardianships are necessary when a person is unable to care for themselves or their property. A Guardianship is a way in which an incapacitated person is cared for in a competent and professional way, subject to Court supervision. A person who is incapacitated and in need of Guardianship proceedings is referred to as the WARD. The person (or persons) designated to oversee the affairs of the Ward is called the GUARDIAN. It is the responsibility of the GUARDIAN to oversee the affairs of the Ward including, but not limited to the following areas: Social and Residential Matters; Financial Matters; and Medical and Mental Matters.

TRUST ACCOUNTING
The Florida Statutes impose an affirmative duty on a trustee of an irrevocable trust to account to beneficiaries, both annually and on termination of the trust or on change of trustee. A fiduciary accounting discloses more than the income and expenses treated in the Fiduciary Income Tax Return (Form 1041). Please give us a call to discuss further (321) 773-9679.

WILLS and TRUST LITIGATION

TRUSTS and ESTATES
SEE "Estate Planning" above.

ELDER LAW

LONG TERM CARE

REAL ESTATE