What’s the Difference Between Estate Planning and Estate Administration?
Some people mistakenly assume that estate planning and estate administration are one and the same. However, there are notable differences between the two. For one, estate planning is done while you are still alive, while estate administration occurs after you die. If a dispute arises during estate administration, you need an experienced Pompano Beach estate and trust litigation attorney.
The purpose of estate planning is to plan for your own incapacity and eventual death. You are the one who makes the choices and decisions that will dictate your wishes for health care decisions and where your assets go upon your death. For this, you retain an estate planning attorney who can help you draft the proper documents.
Wills, Trusts, Powers of Attorney, Living Wills, and advance directives are some of the topics that estate planning attorneys assist with.
If you have a Will, you would’ve named an executor in it who will be the person you trust to administer your estate once you pass away. They will open a probate administration to carry out your wishes as outlined in the Will. If you have a Trust, there is a trustee who handles things as directed in the Trust. If someone dies with no Will or Trust, their estate will be handled according to Florida’s laws on intestate succession, which is the term for handling the estate of someone with no Will.
The purpose of estate administration is to get your affairs in order and transfer your assets to your intended beneficiaries. Probate also helps make sure all bills are paid and taxes filed.
No matter whether there’s a Will or a Trust, there are beneficiaries. And, sometimes those beneficiaries disagree with the terms of the Will. This is when you need a Pompano Beach estate litigation attorney. Letting disputes drag out during probate can wipe out the estate, leaving nothing for the intended heirs.
What Estate Litigation Attorneys Do
At Mark R. Manceri, P.A., we handle a wide variety of disputes related to Estates and Trusts. With probate litigation, we represent clients for allegations of undue influence on the testator (the person who passed away), the belief there are multiple Wills, a revoked Will, omitted heirs, or even no Will at all.
With trust litigation, clients come to us with issues like the validity of a Will, concerns about the trustee’s performance and actions, beneficiary disputes, and even a breach of fiduciary duties.
In addition to disputes, we handle many aspects of Estate and Trust administration as well. This means we have a deeper understanding of all aspects of what happens with an estate when someone passes away.
Contact a Florida Estate Litigation Attorney Today
Hiring the right attorney for your situation is essential. You want someone who specializes in estate planning when you are working on your own estate plan. If you are the Personal Representative of a Will and disputes are surfacing, it’s important to speak with us immediately. The sooner you can diffuse the situation, the better it is for everyone. If you need assistance with a trust or probate dispute, contact Mark R. Manceri, P.A. today to schedule an initial consultation.