Fort Myers Wills and Trusts Attorney

The Fort Myers wills and trusts attorneys at Patrick McLain Law will provide you with all the services you may require for family and estate planning and all related matters, included, but not limited to:

Photo of children and elderly couple
  • Opening estates and guardianships
  • Garnering assets
  • Assisting with accounting
  • Will contests – what to do if someone contests the will of a loved one
  • Trusts
  • Living Wills
  • Durable and Healthcare Powers of Attorney

Contact our Lawyers at Patrick McLain Law today!

Guardianship of the Estate

A guardianship is a legal process that serves to protect vulnerable people that cannot take care of themselves. They are used for minor children or when an adult is disabled or has been adjudicated.

When it comes to a minor, guardianship comes into play when their parents have died, when the parents are unable to properly care for them, or when there is no information as to the whereabouts of the parents.

When you are ready to start planning your estate, you may want to consider naming a guardian for your minor children should you and your spouse pass away or become incapacitated. When no guardian has been appointed, the court will do so. Whoever is named becomes legally responsible for the care of the child until either the child reaches the age of 18 or their duties are properly discharged.

Talk to your trust attorney in Fort Myers from the Patrick McLain Law firm about your worries and concerns regarding appointing the right guardian for your minor children and get the peace of mind you deserve.

Will Contests

Losing a loved one is hard enough without having to deal with their will being contested. Sadly, dealing with a contested will is much more complicated than you might envision, and the results may end up being quite different from those expected by the contestant.

Any person named in the will can contest it, trying to invalidate it or portions of it. Once the will has been admitted to Probate by the Court, contesting it is still an option but one that becomes much more difficult. 

Talk to the lawyers that do wills at Patrick McLain Law, whether you are interested in contesting a will or in defending it. Your wills attorney will guide you through this process and help you design the most appropriate strategy to obtain the results you want.

Living Wills

You never want to reach your final days, in need of medical care, and not be able to voice your opinions or concerns regarding how it should be carried out. However, specifying how you want your end-of-life medical care in a living will make everyone aware of your specific wishes, including your loved ones, physicians, and anyone else involved in your care. It becomes invalid after death.

Whenever you start estate planning, it is important to also make a living will. It may come in handy when you are unable to express your wishes and help to avoid conflicts and misunderstandings between your family members and those providing you medical care.

Some items you may want to include in your living will might be:

There is no single way that fits everyone’s wishes as to the medical treatments they want or do not want at the end of life. While you may be set on having every medical procedure, medication, and treatment put in place. Others may prefer letting nature run its course when the time comes. Your will attorneys at Patrick McLain Law will listen to your wishes and prepare a document that reflects them.

Trusts

Traditionally, a trust is created to reduce taxes. It also offers other benefits as part of a well-crafted estate plan. This fiduciary arrangement allows a third party or trustee to hold assets on behalf of a beneficiary. When there is a trust, your beneficiaries gain access to the assets that are included in the trust much faster since trusts generally avoid probate, which can be a lengthy process.

By being able to pass outside of probate, your heirs may save time and court fees, as well as minimize estate taxes regarding all the assets in the trust. By establishing a trust, you get greater control over your wealth while designating who will receive the remaining assets at your death. A properly constructed trust will allow you to protect your estate from your heirs’ creditors or from beneficiaries not experienced in managing money.

There are different types of trusts, and each one serves a specific purpose. A consultation with a trust attorney in Fort Myers from Patrick McLain Law will allow you to understand the benefits that each one of them offers and take your particular situation into account to create the perfect document to protect your assets.

Durable Healthcare Power of Attorney

While a living will addresses the end-of-life medical care and outlines your preferences regarding medical treatment in cases of terminal illnesses or injuries, a durable healthcare power of attorney gives a person you designate the ability or proxy to make decisions for you when it comes to health care, not only at the end of your life but at any point when you are unable to speak for yourself. This may come into play should you lose consciousness or mental capacity for whatever reason.

Certain considerations have to be taken into account when drafting a durable healthcare power of attorney, and your Patrick McLain Law trust attorney in Fort Myers will be able to help you understand them and their consequences. Make an appointment today to have this valuable document drafted.

The Importance of Estate Planning

Deciding who will inherit your assets after you are gone, having the opportunity to name a guardian for your minor children in the event of your untimely death, and reducing taxes on the assets you leave behind are just some of the benefits of putting together an estate plan.

Protecting your young children, your beneficiaries, and your assets while leaving the smallest tax burden for them and eliminating family disputes are all valid reasons to get your estate planning done. Set up an appointment with a trust attorney from Patrick McLain Law today.

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