Let’s face it. As far as probate and trust plans are concerned, they can be problematic for your estate & probate attorney of Miami, and you and your family, as well.

These disagreements can be a culmination of various issues such as sibling rivalries, blended families, grudges, needs, entitlement, greediness, etc. Your council has a keen eye for these kinds of familial issues, and they do a pretty good job of mitigating conflict before it arises.

We’re going to be analyzing five essential steps that your estate & probate attorney of Miami will guide you on, to ensure that you don’t encounter any issues that ordinarily can cause familial and financial issues.

Resolving Pre-Death Issues

Many of us will need assistance from a comprehensive estate & probate attorney of Miami in order to monitor basic finances. Here are some questions to bear in mind if you feel as though you can’t think for yourself when it comes to making these kinds of decisions.

Who will make your medical decisions and who will cover your expenses while simultaneously managing your finances? How much power should someone else have over you and the property that’s in your name?

These are important questions to consider as tomorrow is never promised, and you should continue to work with those who are trustworthy & responsible.

Who Can Be Trusted?

If there are no living wills or power of attorneys in place, court involvement in the form of guardianship will be the next step to take. If all else fails, a fiduciary will take over as the guardian.

This isn’t the most favorable choice because your probate litigation attorney of Miami will make you wary of the fact that if this is the case, it’s a stranger making choices for you on your behalf.

A probate litigation attorney of Miami pre-existing all of these potential outcomes will guide you through drafting the appropriate estate planning documents, to ensure that this doesn’t happen.

They will go over the responsibilities of fiduciaries and can help you make sound decisions as to whom you pick as your fiduciary. Pick someone who is qualified for the job, not the person stereotypically named. In some cases, your probate litigation attorney of Miami will tell you outright if a family member is a good choice as a fiduciary, and if not, then you might be directed to choose a more capable individual.

Post-Death Issues

Issue your plans in writing with the correctly drafted and executed wills, trusts, or non-probate transfers; do it right and make sure that you continually update them.

Think about who is getting what and who will be responsible for putting out the estate and trust. In order to limit distributes of who is entitled to personal property, it’s helpful to put in your living trust probate of Miami and indicate who will get certain personal properties by making a list.

Don't limit the list to things of monetary value- families will pay large amounts of money fighting over many sentimental objects.

Again, there is no obligation under any circumstances to be fair to everyone that is involved or will be involved in the process. You have to do what you feel is right, even if it means hurting or benefiting others in your circle, based on what’s best to act upon from your living trust probate of Miami.

Are Your Documents Valid and Credible?

The validity of wills and trusts can be challenged by those with legitimate and justifiable concerns related to the creation and distribution of your documents. The validity of documents may also be attacked by those who are not happy with what’s within the confines of the estate plan.

Wills and trusts can absolutely be contested based upon alleged undue influence on the testator or trustor and/or based upon the testator or trustor's lack of capacity when the documents were first signed.

Red flags, if any, that you should look out for can include the following examples:

- Were there indications of fraudulent activity?
- Was the execution of the will or trust a product of erratic behavior or was it concealed?
- Was the person who benefited by the will or trust active in the process of drafting and executing it?
- Is someone just disappointed they did not get more out of the estate and hoping a lawsuit will put pressure on others to let go of some of their inheritance to avoid legal battles?
- Might someone wrongly attack your mental fortitude even though you are competent in making your own decisions?
- Think about these potential bumps in the road as you are creating and signing these documents when creating your living trust probate of Miami.

Making Financial Exploitations

With a steady increase in this sector, vulnerable adults are being ridiculed by family members, caregivers, con men, or unassuming vendors. Arizona, for instance, has mandated laws designed to protect vulnerable or disabled adults from being financially exploited.

You can protect your loved ones or friends from being exploited by keeping an eye out for warning signs which include the vulnerable adult who begins making uncharacteristically large gifts to their new “friends” or for a new charitable cause, or for others.

Phone and personal access to vulnerable adults are being cracked down on, as a result. Taking the necessary steps to prevent exploitation from happening altogether, will spare you in the long-term. Don’t allow your loved ones to be victimized if it can be mitigated from the get-go.

Issues Tied to Post-Death

After someone passes away, the person who has been appointed as a fiduciary (personal representative, executor, or even a trustee) has a duty to enforce the estate or trust according to the will or trust that’s been assigned to the state they reside in.

They have a responsibility to defend documents that are relevant and act for the good of the beneficiaries. Fiduciaries might fail to act swiftly to enforce the trust or estate or they may inappropriately take advantage of assets. Hopefully, if all goes well, these issues can be avoided altogether.

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