Kelly L. Fayer, P.A.

Probate is the legal process of validating a deceased persons will and distributing their assets to beneficiaries. It involves resolving any outstanding debts or taxes, locating heirs, and transferring ownership of property. The probate process varies depending on the state and the value of the assets involved. While probate can be an essential tool for ensuring fair distribution of assets, many people try to avoid it because of its lengthy, expensive, and sometimes complicated nature.There are three levels of probate in Florida:Formal AdministrationAlso known as formal probate, this is the most common type of probate in Florida. Formal probate is handled in the county Circuit Court where the decedent lived at the time of death.  A Personal Representative will be appointed to oversee distribution of the assets that are in the decedents name alone.  If you are appointed as the Personal Representative, then it is recommended and sometimes required that a Florida probate attorney help you through the process and also address any discrepancies or disputes.Summary AdministrationThis is an expedited form of probate administered when the total property and assets subject to probate are valued at $75,000 or less. Assets subject to probate are assets that are in an individuals name that is deceased. The asset didnt have a beneficiary named or another owner on the asset.Disposition Without AdministrationWhen the decedents assets are less than $6,000 and less than the value of the final expenses, then a Disposition of Personal Property Without Administration form may be filed.The personal representative (PR) is the person responsible for managing the estate during the probate process. The PR can be named in the deceased persons will or appointed by the court if there is no will. The PR is responsible for locating assets, paying debts, filing tax returns, and distributing assets to beneficiaries according to the will or state law.Creditors also play a significant role in the probate process. They have the right to make claims against the estate for any outstanding debts. The PR must notify all known creditors of the deceased persons death and publish a notice in a local newspaper to alert any unknown creditors. Creditors have a specific time frame to make their claims and the PR can reject any claims that are not valid. If a claim is rejected, creditors can challenge the rejection in court.The length of the probate process can vary widely, depending on the complexity of the estate and any disputes that arise. In some cases, probate can be completed in a few months, while in others, it can take several years. During this time, the assets of the deceased person are frozen, and beneficiaries may not have access to them until the probate process is complete.Given the potential drawbacks of the probate process, many people take steps to avoid it. One way to avoid probate is by establishing a living trust. A living trust is a legal document that allows assets to be transferred to a trust during the persons lifetime, and then distributed to beneficiaries without going through probate after their death. This can help avoid the time, expense, and public scrutiny associated with the probate process.Another way to avoid probate is by designating beneficiaries for certain assets, such as life insurance policies or retirement accounts. These assets pass directly to the designated beneficiaries, without going through probate.Probate is a necessary process for ensuring fair distribution of assets after a persons death. The process can be lengthy, expensive, and complicated, which is why many people take steps to avoid it. Understanding the different levels of probate, the role of the personal representative and creditors, and the potential benefits of living trusts and beneficiary designations can help people make informed decisions about their estate planning. However, it is strongly recommended that you consult with an attorney familiar with Florida law to accomplish your estate planning goals.The Law Office of Kelly L. Fayer, P.A. was established to serve members of our community. Whether you need assistance now or are planning for the future, it would be a privilege to help you. We strive to provide quality service while offering personal attention to each of our clients.The Law Office of Kelly L. Fayer, P.A.12601 World Plaza Lane, Suite 2Fort Myers, FL 33907(239) 415-3434 | fayerlaw.net 

Guardianship is a legal arrangement where an individual, known as a guardian, is appointed to make decisions for someone who is unable to make decisions for themselves. In Florida law, guardianship can be established for both minors and adults who are incapacitated. Although attorneys recommend establishing durable powers of attorneys to prevent the necessity of guardianship, there are many benefits to having a guardian appointed, particularly in the state of Florida.The Benefits of Guardianship in Florida LawThere are several benefits to establishing guardianship in Florida law. Firstly, guardianship provides legal protection for those who are unable to make decisions for themselves. This can be particularly important for minors or adults who have a disability or illness that affects their decision-making ability. By having a guardian appointed, they can be assured that their best interests are being taken care of, and that important decisions are being made in their best interest.Secondly, guardianship can help to ensure that a persons assets are protected. This is particularly important for minors or adults who are unable to manage their own finances. By having a guardian appointed, their finances can be managed in a responsible and transparent manner, and they can be protected from financial abuse or exploitation.Thirdly, guardianship can provide peace of mind for family members and loved ones. By appointing a guardian, family members can be assured that their loved one is being well cared for, and that important decisions are being made in their best interest. This can be particularly important in cases where family members are unable to provide care themselves, either due to distance or other reasons.When Do We Want to Be in Court?While guardianship can be established outside of court in certain circumstances, there are many cases where court involvement is necessary. In Florida law, court involvement is required for the establishment of guardianship for minors and for adults who are incapacitated.For example, if an unethical person is stealing from a person..their love ones can go to court to stop that process.  Also, a guardian can void a contract someone enters into.  An agent named in a power of attorney cannot do that.  Guardianships are helpful if there is a difficult family dynamic because it offers transparency by the requirements of annual reporting and people who are not guardians can also be given HIPAA authorizations and the ability to maintain a relationship with the person in need of the guardianship.For minors, court involvement is required when parents are unable to provide care or make decisions for their child. This can occur in cases where parents are deceased, incapacitated, or have had their parental rights terminated. In these cases, the court will appoint a guardian to make decisions for the child, including decisions related to education, healthcare, and living arrangements.For adults who are incapacitated, court involvement is required to establish guardianship. In Florida law, an adult is considered incapacitated if they are unable to make decisions for themselves due to a physical or mental condition. In these cases, a court-appointed guardian can be appointed to make decisions related to healthcare, finances, and living arrangements.The Importance of Having a Declaration of Preneed GuardianWhile guardianship can provide many benefits, it is important to have a plan in place for who will act as a guardian in the event that one is needed. This is where a declaration of preneed guardian can be helpful.A declaration of preneed guardian is a legal document that allows an individual to designate who they would like to act as their guardian in the event that they become incapacitated. In guardianship proceedings, the courts will not consider an individuals durable power of attorney or designation of health care surrogate when determining who will act as guardian. The only document that will be considered as evidence is the declaration of preneed guardian.By having a declaration of preneed guardian in place, individuals can ensure that their wishes are respected and that the person they trust is appointed as their guardian. This can help to provide peace of mind for both the individual and their loved ones, and can make the process of establishing guardianship smoother and less stressful.In Florida, guardianship can provide many benefits, including legal protection, asset protection, and peace of mind for family members and loved ones. When court involvement is necessary, having a declaration of preneed guardian can help to ensure that an individuals wishes and best interests are protected.The Law Office of Kelly L. Fayer, P.A. was established to serve members of our community. Whether you need assistance now or are planning for the future, it would be a privilege to help you. We strive to provide quality service while offering personal attention to each of our clients.The Law Office of Kelly L. Fayer, P.A.12601 World Plaza Lane, Suite 2Fort Myers, FL 33907(239) 415-3434 | fayerlaw.net

Creating a will is a vital step in ensuring that your final wishes are carried out after your passing. In Florida, like in many other states, wills play a crucial role in estate planning. However, it is important to understand the intricacies of Floridas laws regarding wills, including the selection of an executor, the inclusion of guardianship language for minor children, and the limitations of wills in avoiding probate.Who Can Serve as PR or ExecutorIn Florida, the person responsible for administering the will is referred to as the personal representative (PR), while in other states, this role is commonly known as the executor. When creating a will, you have the freedom to designate an individual to act as your PR, who will be responsible for overseeing the distribution of your assets and carrying out your wishes as stated in the will. This person must be at least 18 years old; they must be a Florida resident and/or related to you by blood, marriage, or adoption; they must be both mentally and physically capable to serve; and they must not have any felony convictions on their record.Guardianship Language for Minor ChildrenOne significant advantage of creating a will in Florida is the ability to include guardianship language for minor children. This allows you to designate a trusted individual to assume legal guardianship of your children in the event that both parents pass away before the children reach adulthood. By specifying your preferences in your will, you can ensure that your children are cared for by someone you trust, rather than leaving this decision up to the court.The Limitations of Wills in Avoiding ProbateWhile having a will is a critical component of estate planning, it is essential to understand that it does not completely avoid probate in Florida. Probate is the legal process through which a deceased persons assets are distributed and debts are settled. Even with a will in place, the probate court is responsible for overseeing the administration process to ensure the validity of the will, resolve any disputes, and ensure proper asset distribution. Therefore, it is essential to consider other estate planning tools, such as trusts, to minimize the need for probate and simplify the transfer of assets.Creating a will in Florida is an essential step in estate planning, allowing you to dictate the distribution of your assets and provide for your loved ones. Designating a personal representative or executor is crucial to ensure that your final wishes are carried out faithfully. Additionally, including guardianship language for minor children provides peace of mind, knowing that your children will be cared for by someone you trust. While a will is an integral part of the estate planning process, it is important to be aware that it does not entirely avoid probate. To fully explore your options for minimizing the probate process, consulting with an experienced estate planning attorney can help you navigate the complexities of Floridas laws and ensure that your wishes are carried out efficiently and effectively.Every adult needs a clear, enforceable plan for what will happen when they pass away or become incapacitated. Creating an estate plan protects your loved ones, assets, and legacy and gives you the peace of mind of knowing your final wishes will be honored.At The Law Office of Kelly L. Fayer, P.A., we provide attentive, personal assistance to Florida residents who are looking to prepare for the future. Our experienced lawyer is passionate about helping our clients fully understand their options and implement tools that will accomplish their goals. No matter your circumstances, our estate planning services in Fort Myers are designed to guide you through the planning process and include assistance with a wide range of instruments, from wills and trusts, to advance directives and powers of attorney. When you need an estate planning attorney near you, contact The Law Office of Kelly L. Fayer, P.A.

St. Patricks Day is a time to celebrate luck and good fortune. While some may believe that luck is entirely random, there are steps that can be taken to increase the likelihood of good fortune. One of these steps is having a power of attorney.A power of attorney is a legal document that grants someone the authority to act on your behalf in financial, legal, and medical matters. This document can be crucial in ensuring that your wishes are carried out if you become incapacitated or unable to make decisions on your own.The magic of having a power of attorney is that it allows you to avoid the guardianship court process. Guardianship court can be a lengthy, expensive, and emotionally draining process. Even spouses can be required to go through the court process if there is no power of attorney in place.When someone becomes incapacitated without a power of attorney, their loved ones must go through guardianship court to be appointed as their guardian. This process involves hiring an attorney, filing a petition with the court, and attending multiple court hearings. The court will ultimately decide who will be appointed as the guardian, and this decision may not align with the wishes of the incapacitated person or their family.In addition to being a stressful and costly process, guardianship court can also be emotionally taxing.Family members may disagree about who should be appointed as the guardian, and the courts decision can create tension and conflict within the family.Having a power of attorney in place can avoid all of these issues. When someone becomes incapacitated and has a power of attorney, the designated agent can step in immediately and begin making decisions on behalf of the incapacitated person. There is no need to go through the court process, and the agent can act in accordance with the wishes of the incapacitated person.Not only does having a power of attorney avoid the guardianship court process, but it also allows for greater control and flexibility in decision-making.When someone becomes incapacitated, decisions must be made quickly and efficiently. With a power of attorney in place, the designated agent can make decisions immediately, without waiting for court approval. This can be especially important in medical situations, where time is of the essence.Having a power of attorney can also provide peace of mind. Knowing that there is someone who can step in and make decisions on your behalf if you become incapacitated can be a great comfort. This document can ensure that your wishes are carried out, even if you are unable to communicate them yourself.In summary, having a power of attorney is a crucial step in ensuring that your wishes are carried out if you become incapacitated. This document can avoid the guardianship court process, provide greater control and flexibility in decision-making, and provide peace of mind. So, as we celebrate the luck of the Irish this St. Patricks Day, consider taking steps to increase your own luck and fortune by creating a power of attorney.The Law Office of Kelly L. Fayer, P.A. was established to serve members of our community. Whether you need assistance now or are planning for the future, it would be a privilege to help you. We strive to provide quality service while offering personal attention to each of our clients.The Law Office of Kelly L. Fayer, P.A.12601 World Plaza Lane, Suite 2Fort Myers, FL 33907(239) 415-3434fayerlaw.net

During the month of February, we are surrounded by hearts and chocolates and messages of love on all sides. We have a day set aside to tell those we hold dear just how much we love them. The store shelves are filled with plush hearts, red candies, jewelry, and cards so that we can show our loved ones just how much they mean to us. But that is just one day. Why not show them a more lasting kind of love?One way to show love and care to your family and loved ones is through estate planning. It seems like many people devote more time to planning a vacation or selecting a spot to eat dinner than they do to estate planning. It may not be as fun to think about as booking romantic Valentines getaway or checking out restaurant reviews, but without estate planning, you cant choose who gets everything that you worked so hard for.Estate planning isnt only for the rich. Without a plan in place, settling your affairs after you go could have a long-lastingand costlyimpact on your loved one. It involves determining how an individuals assets will be preserved, managed, and distributed after death. It also takes into account the management of an individuals properties and financial obligations in the event that they become incapacitated.Why is an estate plan necessary?Protects BeneficiariesOnce upon a time, estate planning was considered unnecessary for the masses. If you did not have great wealth to leave behind, there was no need to worry about what would happen to your assets after you died. However, that is not the case today. All families need a plan, or they could face the consequences of going through probate.The main component of estate planning is designating beneficiaries for your assets, whether its a bank account, summer house or a restored Camaro. Without an estate plan, you cannot decide who gets your assets, and your loved ones will have to go through a probate process that can take years, rack up fees and get ugly. The cost of going to court and the time it takes to get the matter settled is added stress on your grieving loved ones. Lawyers fees, time missed out from work, and all that will go into the final outcome can eat up the inheritance that you left for your family.Eliminates Family QuarrelsWeve all heard the horror stories. Someone with money dies and the war between family members begins. One sibling may think they deserve more than another, or one sibling may think they should be in charge of the finances even though theyre notorious for racking up debt. Such squabbling can get ugly and end up in court, with family members pitted against one another.Stopping fights before they start is yet another reason why an estate plan is necessary. This will enable you to choose who controls your finances and assets if you become mentally incapacitated or after you die and will go a long way toward quelling any family strife and ensuring that your assets are handled in the way that you intended.Protects ChildrenIf you die without a surviving spouse to take care of your children and other dependents, who will get custody of them?Without an estate plan, the probate court will appoint a legal guardian/conservator for them typically, a family member, such as a grandparent, as the guardian. Alternatively, a third party, such as a family friend, can petition the court to be appointed as the guardian. If a minor child has no surviving family members and a third party doesnt step forward, the child could become a ward of the state and enter the foster care system.To ensure that your children are cared for in a manner of which you approve, youll want to name their guardians in the event that both parents die before the children turn 18.These are just 3 reasons among many others that show how estate planning is loving your family well. This Valentines Day make a date with an attorney to leave your family is the best possible shape after youre gone.COMPREHENSIVE ESTATE PLANNING GUIDANCE IN LEE COUNTYAre you concerned about what will happen when you pass away or are no longer able to reliably communicate? Proactively building an estate plan can ease uncertainty, and The Law Office of Kelly L. Fayer, P.A. is here to help. Our Fort Myers estate planning lawyer has 25+ years of experience and can provide the attentive, personal support you need to protect the things most important to you. We are passionate about helping people in our community and are confident we can offer the skilled guidance you need to achieve your objectives, no matter your needs.Call (239) 208-0189 or contact us online to schedule an initial consultation.