- Premarital AgreementThe situation where one person forces another to sign a will, trust, antenuptial agreement or other document against his desires; this can form the basis of a will contest.
- GuardianshipCum laude from the University of Florida Levin College of Law in 2013, where she was selected for the Dean’s list and honored for her outstanding achievement with a book award. Prior to joining Rampell Law, she represented clients in probate, trust and estate litigation, contested guardianship proceedings, and commercial litigation matters.
- Juvenile Crimes
- KidnappingCrimes such as loan sharking and kidnapping, requiring cash, would be difficult. Auditing in criminal prosecutions could cover tax evaders, arms traders and all black markets.
- Easement
- Estate Planning
- WillsFirst, the will is submitted to a judge, and if it is determined to be valid, it is “admitted to probate.” Second, an executor is appointed. Third, notice of probate administration is published in a local newspaper and, usually, mailed to known creditors of the deceased. Fourth, an inventory of assets held in the deceased’s name is filed in court. Fifth, claims of creditors are examined – if the claims are valid, they’re paid; if the claims are invalid, they’re not paid. Sixth, beneficiaries begin to receive part or all of their inheritances. Seventh, after all federal and state taxing authorities confirm that all death taxes have been paid, a final accounting of monies received and distributed is filed. Eighth, if all has gone well, the probate judge discharges the executor from further responsibilities and the estate is closed. Obviously, will contests can change everything.
- TrustsMostly to remove an irrevocable trust’s assets from his or her estate, reduce the size of an estate, lower death taxes and provide goodies to the beneficiaries of the irrevocable trust. If a Grantor places property into an irrevocable trust and gives up control of the property and the trust, he makes a gift so that the property no longer belongs to him and, usually, is excluded from his estate.
- Power of AttorneyIn the 1953 movie, Just This Once, Mark MacLene owes the IRS, the banks and others a lot of money. The problem is that his trust makes $1,000,000 a year, but he spends $150,000 every month. His trustee, Sam, uses the power of attorney and the spend thrift clause to hire frugal Lucille Duncan to manage Mark’s finances.
- Probate