Estate Planning and Probate

904.203.8776

Jacksonville Estate Planning and Probate Attorneys

Asbury Law has the experience in estate planning, probate and will contests that you can trust to protect your best interests and ensure proper distributions for you and your loved ones. Estate planning and probate are some of the most misunderstood areas of the law. At Asbury Law, we have streamlined the estate planning and probate process to ensure you and your family are protected.

We are also recognized for our expertise in estate planning and probate and trust administration. Our estate planning practice includes, but is not limited to, the following:

Entity Related Planning. Family partnerships, joint ventures, and limited liability companies to develop and operate real estate or other business projects, substantially reducing the family's potential income and estate tax while preserving control.

Trust Agreements. Living trusts, which provide for the disposition of a client's assets at death in a tax-efficient and probate-free manner, and also for the management of property during the client's lifetime in case of disability.

Wills. Wills, testamentary trusts, and similar arrangements, which provide security for the client's heirs, minimize income taxes and maximize administrative efficiency.

Pre-Relationship Agreements. Planning and negotiating prenuptial agreements, cohabitation agreements, and other arrangements to protect assets and earnings from potential claims of ex-spouses or others.

Post-Marital Agreements. Planning and negotiating specialized marital settlement agreements to provide for the continued unified operation and control of a family business and investment properties following a divorce.

Estate Planning in Florida allows you to provide for your family, friends, and loved ones. It can also include charitable contributions. And it is not just for the super wealthy or the elderly! While Estate Planning in Florida should certainly be something the wealthy and elderly populations have in place, it is wise for anyone to have an estate plan who:
* has a child;
* is married;
* is divorced;
* received an inheritance; or
* won the lottery!

Quite simply, it is advisable for anyone whose asset values exceed their debts. It can also minimize taxes and can prevent heirs from fighting over valuable estate assets. In this regard, an Estate Plan in Florida serves a valuable purpose, as it memorializes one's desires for their money and property to maximize value and ensure proper distributions. The three primary components of an Estate Plan in Florida are the:
* Advanced Directives;
* Last Will and Testament; and
* Trust.

Probate

A Florida Probate Administration is a formal and court-supervised process utilized to identify and gather a decedent's assets; pay taxes, claims (of creditors), and expenses of administration; and distribute the rest of the property to beneficiaries. The Personal Representative (“PR”) or Executor usually handles this formality and can receive compensation for their services. However, being the named Personal Representative in a Last Will and Testament does not necessarily mean they will be the Personal Representative, as the court ultimately must decide (i.e., appoint the Personal Representative).

An initial step in a Florida Probate it to determine whether the Last Will and Testament is valid. In Florida, a Last Will and Testament should be deposited with the court within ten days of death, even if no probate is necessary.

If you believe unusual circumstances surrounding the Last Will and Testament in Florida or how the decedent's assets were spent or distributed, seeking the advice of an experienced attorney is highly encouraged. This will help to protect your rights and give you options you would not otherwise have. A failure to do so may cause you to waive your rights by not acting timely.

While many of our clients are from Jacksonville, Florida, and surrounding counties in Northeast Florida (including Baker County, Clay County, Duval County, Flagler County, Nassau County, Putnam County, and St. Johns County), Asbury Law serves individuals and corporate clients (e.g., family-owned business,  single-member LLCs, and much larger and/or publically traded companies) throughout the State of Florida.

Asbury Law Is Here for You

At Asbury Law, we focus on Business Law & Contracts (including Corporate Law & Incorporations, Shareholders Agreements), Limited Power of Attorney, Durable Power of Attorney, Estate Planning, Administrative Law, Copyrights & Trademarks, Limited Liability Company (LLC), Guardianship, Probate, Trusts, Wills & Prenuptial Agreements. Asbury Law is here to listen to you and help you navigate the legal system.

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