Wills, Trusts & Estates

Probate, Trust Administration, Wills, Trusts and Estate Planning.

• Nolo Document Review
• Gay, Lesbian, Bisexual, Transsexual, Transgender (LGBT) Rights

• Annuities
• Health Insurance

• Estate Taxes & Gift Taxes
• Power of Attorney
• Property Taxes
• Tax Planning

• Charitable Giving
• Drafting Trusts
• Estate Administration
• Estate Planning
• Living Trusts
• Living Wills
• Probate
• Guardianship
• Power of Attorney
• Revocable Trust & Irrevocable Trust

FL, Nov 1971
Bar Number: 136750

Florida Bar Admitted 1971, Supreme Court of the United States Admitted 1987, and Southern District of Florida Admitted 1979.

The Florida Bar.

I attend continuing legal education seminars on the areas of my practice.

• Alternatives to Guardianship, Lorman Education Services Seminar on Fundamentals of Probate Administration, Wills, Trusts and Guardianships, August 14, 1991.
• Living Wills, Lorman Education Services Seminar on Fundamentals of Probate Administration, Wills, Trusts, and Guardianships, August 14, 1991.
• Guardianships, Lorman Education Services Seminar on Fundamentals of Probate Mock Mediation Participant, Dade County Bar Association, Probate and Guardianship Committee, 1991.
• Florida Uniform Transfers to Minors Act, Probate Forum, 1991.
• Organized and produced eight hour Guardianship Training Seminar for Eleventh Judicial Circuit Court, January 27, 1990.
• The Annual Financial Return, How to Prepare and Use It, Guardianship Training Seminar for Eleventh Judicial Circuit Court, January 27, 1990.
• Mock Incapacity Hearing Participant, Real Property, Probate and Trust Law Section Convention.
• The Relationship of Domicile on Estates, Probate Forum - The Surviving Spouse, November 20, 1989.
• Conducting Competency Hearings - A Practical Guide, Florida Bar Seminar, October 28, 1988.
• The Various Forms of Administration, National Business Institute Seminar, August 21, 1988.
• Probate or Non-Probate Assets, National Business Institute Seminar, August 21, 1988.
• Florida Association of Court Clerks Summer Conference Seminar - Tulsa.
• Professional Collection Services, Inc. v. Pope, June 3.0, 1988.
• Creditor's Rights in the Estate, Probate Forum - The Surviving Spouse Seminar, 1988,
• Handling Special Guardian of the Property Problems, Florida Bar Seminar, Guardianship Law, 1986.

I frequently create trusts, either in a will or as a revocable trust, to receive the property my client is leaving to a minor child or children. This has the advantage of avoiding a court guardianship and the expenses and restrictions that go with it. It offers more flexibility in selecting the money manager (trustee) and the age at which the funds are distributed to the child. In a Florida guardianship, the child will receive all the funds at age 18, which is generally more responsibility than an 18 year old is prepared to handle. For divorced parents, it allows the maker to select a person of his/her choosing as trustee, while in a guardianship the surviving parent and ex-spouse has priority in being appointed as guardian.

A challenging case involved getting a copy of the deceased's will admitted to probate. There is a rebuttable presumption in Florida that if the will cannot be produced, that it was destroyed by the decedent with the intent to revoke it. The maker of the will came home and informed his wife that he had instructed his attorney to file for divorce. As you may imagine, arguments consumed the rest of the evening. In the middle of the night, the husband awoke with chest pains. He woke up his soon to be ex-wife and asked that she take him to the hospital, which she refused to do. The husband phoned a buddy to take him to the hospital. In route to the hospital, the man told his buddy that if anything happened to him, his will was in the office safe at home. The man did not survive. The widow refused to let his adult children into the home. An order was obtained appointing an independent attorney at curator and authorizing him to enter the home to search for the will. When he conducted the search, the safe was standing open. There were stacks of all sorts of legal and business documents, but no will. A copy of the will was obtained from the office of the deceased's attorney. The attorney's secretary was one of the witnesses to the will and testified to the fact that it was signed in her presence by the decedent and the presence of the other witness and both witnesses signed in the presence of the maker. The man's buddy testified as to the conversation about the will with the deceased. Despite numerous arguments by the widow's counsel, the court ruled that the will had not been revoked and admitted it to probate. The widow still received her elective share of 30%, but if she had driven her husband to the hospital instead of making him call a buddy, she would have received an intestate share of 50%.

1

Florida

I endeavor to understand my client's concerns, and then provide information on the options available to fulfill the client's needs so the client is able to make informed decisions. My practice concentrates on wills, trusts, heath care directives and estate planning, probate of estates, trust administration, and guardianship.

My practice was opened in 1975. Although a solo practitioner, I have generally worked with other attorneys in the same office. When the first non-profit corporate guardian began operations in Miami, my firm acted as legal counsel for them for about eight years until house counsel was retained.

I was employed by Burger King Corporation as an accountant for five years. I was responsible for franchise accounting and preparation of monthly financial statements on franchise stores. When first out of law school, I worked for attorney James McDonald in the same areas as my practice today.

AV-Rated by Martindale-Hubbell
• Served on Board of Directors of Alliance for Aging, Inc. for Miami-Dade and Monroe Counties from 2000 to 2003
• Treasurer of Alliance for Aging 2002
• Chair, Probate and Guardianship Section of Dade County Bar Association 1988 to 1989
• Vice Chair, Probate, and Guardianship Section of Dade County Bar association 1987 to 1988
• South Miami-Kendeall Bar Association - President 1998-1999
• Probate & Guardianship Division of 11th Judicial Circuit Bench/Bar Liaison Committee 1987 to 1990
• Miami Business Exchange - President 2004 to 2005

(305) 662-3787

Monday through Friday
9:00 a.m. to 5:00 p.m.

No

Spanish

For wills, trusts, health care directives I have fixed prices which cover the initial consultation, preparation of documents, and a signing meeting of approximately one hour. While fees vary with the complexity of the document, some examples are:

Last will and testament without testamentary trust or tax provisions $500.00
Revocable trust with outright distributions upon maker's demise $950.00
Health Care Directive $100.00
Living Will $100.00
Durable Power of Attorney $400.00

$300.

Yes, there is a free initial consultation of 20 minutes for clients to meet me, not including legal advice.

For estate documents, it is one-half the fee upon commencement and the balance when the documents are ready to be signed. For probate, we can use an hourly rate or fixed fee.