The Law Office of Angela Siegel provides comprehensive estate planning services to clients who reside in New York, to those who reside in Florida, and to snowbirds. Licensed to practice law in both New York and Florida, Angela Siegel is qualified to provide advice with respect to the laws of both states. She provides services competently, efficiently, and with understanding and compassion.
Angela Siegel is keenly aware of the special estate planning and tax issues affecting snowbirds, and she is adept at helping clients to resolve these issues. She can create wills, health care proxies, living wills, powers of attorney, and revocable living trusts in both New York and Florida. Many New York clients, especially those who have recently purchased property in Florida, are unaware that owning real property in Florida will require a second probate there. While New York probate is usually quite simple, that is not the case in Florida. Transferring Florida real property to a Florida revocable living trust can save clients a great deal of time and money.
Why You Need an Estate Planning Attorney in Florida
If one dies without a will or trust, the laws of the State where one resides will determine who inherits the decedent’s property. Oftentimes, what the law states are different than one’s own wishes. In addition, gift, estate, and income taxes can adversely affect one’s estate if proper planning is not done. Long-term health care concerns can and should be addressed in one’s estate plan, in order to preserve assets. Having the Law Office of Angela Siegel develop a comprehensive estate plan for you, whether it includes a will, a trust, or both, will ensure that one’s wishes are carried out properly.
Difference between Estate Planning in Florida and New York
While a will or trust created in New York will usually be valid in the State of Florida, the execution requirements of a will and trust are different in Florida, which may indeed cause problems when a client passes away. In fact, the requirements in Florida are more stringent than those in New York. Moreover, if one is a Florida resident, or becomes a Florida resident, there are restrictions under the law as to who can serve as one’s Executor. That is not the case in New York.
The process for probate (when one dies leaving a will) and estate administration (when one dies without a will) is quite different in Florida. In New York, the probate/administration process is usually relatively simple and does not take a great deal of time. In Florida, the process is much more time consuming and complicated. Of course, having an attorney who is experienced in the process, whether it be in New York, in Florida, or in both states, is key to having things done competently, efficiently, and timely. Angela Siegel can accomplish that for you.
Types of Estate Planning
Our estate planning and elder law practice include, but is not limited to, the preparation of the following types of documents:
- Revocable and irrevocable trusts
- Health care proxies/living wills
- Life insurance trusts
- Durable powers of attorney
- Prenuptial agreements
- Medicaid and asset protection trusts
- Supplemental needs trusts
- Trusts for minor children
- Qualified person residence trusts
Our main objective is to provide an organized and comprehensive estate plan for you and your family. At the center of our focus is on minimizing taxes, preserving assets in the event of a catastrophic injury, and providing you with continued financial security going forward. For clients who have second homes outside New York, we assist in planning to avoid a second probate process.
Long-Term Care in Florida
The Law Office of Angela Siegel can also advise you with respect to nursing home issues, long-term health care issues, and gift and estate tax matters. We can assist in putting your affairs in order so as to minimize will contests and other problems which may occur at death. A specialty of Angela Siegel is the creation of a Medicaid trust that will protect your home and other valuable assets from liability and from being dissipated if you become ill, while at the same time preserving tax benefits.
Special Needs Trusts in Florida
If you have a special needs child, we can assist in having you appointed the child’s legal guardian, to avoid problems once the child attains the age of eighteen. We can also establish a special needs trust(s) in order to protect assets. A special needs trust is designed to supplement the needs of a disabled individual, covering items that the government does not provide for. If properly drafted, this type of trust will preserve, and not jeopardize, the receipt of government benefits.
How to Avoid Probate in Florida
The Law Office of Angela Siegel will assist you in determining whether or not the avoidance of probate is best for you, depending on your specific circumstances. The avoidance of probate can be accomplished in a number of ways, including having beneficiaries designated on one’s assets. It is imperative that you understand the consequences of doing so, and determine whether establishing a revocable living trust is a better option. Angela Siegel is a qualified estate planning, probate and estate administration attorney who is adept at providing that assistance.
Contact an Experienced Estate Planning Attorney in Florida
To schedule a free consultation to discuss your estate planning needs with a dedicated lawyer, contact our office online or call 516-741-6100 today.