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Law Offices of
Jeffrey A. Herzog, P.A.
3106
ALT US 19
Palm Harbor, FL 34683
Toll Free: (866) 789-4002
Phone: (727) 789-4000
Fax: (727)
789-4002
Trusts and Trust Litigation Attorney & Lawyer legal services for the following
areas:
Palm
Harbor
Clearwater
New Port Richey
Hillsborough County
Pasco County
Pinellas County
Trinity
Safety Harbor
Tarpon Springs
Oldsmar
Odessa
Holiday
Zephyrhills
Port Richey
The longer one
waits to obtain the legal advice and services of an experienced attorney or lawyer
in legal matters; the ability to
achieve a successful or desired result
may be dramatically reduced.
|
Palm Harbor
Trust Attorney
& Lawyer providing professional Trusts, Trust Litigation,
and
other Estate Law legal services in
Palm Harbor, Clearwater, New Port
Richey, and
the surrounding Southwest Florida communities.
 Individuals
may choose to set up a trust for a variety of reasons. One of
the benefits of developing a trust is that it will keep part, or
all of your estate out of the court system in the probate
process. With a trust your estate and assets may be distributed
or allocated according to your wishes while you are still alive,
which may continue in the event of your death.
When you create a trust you transfer all or part of your
property, assets, bank accounts, securities, real estate to an
individual or individuals, typically family members, which are
called the beneficiary.
Once the trust is set up, the identified property and assets no
longer belong to you, although in most situations, you may still
have access to them. A trust may be designed for the beneficiary
to receive the assets in a lump sum at a specified date or in
the event of your passing, or to be distributed over a
pre-determined period of time.
As a law firm providing experienced Trusts and Trust Litigation
Attorney & Lawyer
legal services, assisting
Palm Harbor, Clearwater, New Port Richey and Southwest
Florida area residents with
trusts and trust litigation legal issues, we are committed to
protecting the legal rights of each and every client, while
always striving to provide the highest standard of legal
representation.
If you need quality legal advice and representation
in
trusts and trust litigation matters,
make sure your legal rights are protected by seeking
the legal advice of an experienced
Palm Harbor trusts and trust litigation attorney & lawyer.
Contact
the
Law Offices of Jeffrey A. Herzog, P.A.,
today by calling by calling
Toll Free: (866)-789-4002
or
Locally at
(727) 789-4000 to
schedule a confidential legal consultation.
Unfortunately, like any legal document, a trust is
not always free from potential trust
litigation issues. Some of these issues
include, but are not limited to:
-
Trust
Litigation Disputes:
Even with the most thorough
planning and the strongest foundation for trust
provisions, a trust may still end up being legally disputed
by family members, or fraudulently misused by the trustee.
-
Undue influence: When a person successfully
persuades a person to make decisions regarding the
development of a trust, which either directly
benefits the person who provides the undue influence, or
adversely affects others as a result of the undue influence.
-
Lack of mental capacity: when an
individual who has set up a
trust has their mental capacity disputed relating to the
trust and estate decisions outlined the trust.
-
Trustee Malfeasance: When an appointed
trustee fails to adequately adhere to their prescribed
duties, according the the law. The trustee may be
personally held liable for trustee malfeasance, and in some
cases, may even be held criminally liable.
-
Trust fund distribution
disputes:
typically exist between family members in which one or more
family member is either left out of a trust,
or they believe they did not receive a fair share of
trust assets.
-
Trust Entitlement Petitions: When an
individual or individuals believe they have a solid
foundation to dispute the validity of a trust, which the
believe they have a legal right to be included.
-
Property Recovery: Estate, trust or
probate legal actions are sometimes necessary to recover
property on behalf of a trust taken in violation of the
terms of the trust. Typically, legal action is taken in this
manner due to trustee malfeasance.
-
Breach of Trust Duties:
When an appointed trustee fails to adequately adhere to
their prescribed duties, according the the law, or does not
act in the best interest of the beneficiary. The trustee may
be personally held liable for trustee malfeasance, and in
some cases, may even be held criminally liable.
Trusts
fall into two basic categories:
testamentary
trusts and
inter vivos trusts.
There are
two kinds of inter vivos trusts:
revocable and
irrevocable.
Revocable Trust:
often referred to as "living" trusts,
the donor maintains
complete control over the trust and may amend,
revoke or terminate the trust at any time.
Irrevocable Trust:
cannot be changed or amended by the donor. Any
property placed into the trust may only be
distributed by the trustee as provided for in
the trust document itself.
Testamentary Trust :
is created by your will, and it does not come into
existence until the event of your passing, Such a trust
has no power or effect until the will of the donor is
probated. Although a testamentary trust will not avoid
the need for probate and will become a public document
as it is a part of the will.
Supplemental Needs Trust:
is used to enable the
donor to provide for the continuing care of a disabled
spouse, child, relative or friend. The beneficiary of a
well-drafted supplemental needs trust will have
access to the trust assets for purposes other
than those provided by public benefits programs. In this
way, the beneficiary will not lose eligibility for
benefits such as Supplemental Security Income, Medicaid
and low-income housing. A supplemental needs trust
can be created by the donor during life or be part of a
will.
Credit Shelter Trust:
is
a way to take full advantage of the estate tax
exemption. The first $2 million in 2007-2008 of an
estate are exempt from federal estate taxes, so
theoretically a husband and wife would have no estate
tax if their estate is less than $4 million, unless one
spouse passes on leaving their assets to the other
making their income over $4 million.
 If
you need quality legal advice and representation in
trusts and trust litigation matters in
Palm Harbor, Clearwater, New Port Richey, or
the Southwest Florida
area,
contact an experienced attorney & lawyer at
the
Law Offices of Jeffrey A. Herzog, P.A.,
today by calling
Toll Free: (866)-789-4002
/
Locally:
(727) 789-4000,
or
email with any
questions, comments, or concerns, or to schedule a
confidential legal consultation.
 If you require professional legal advice and
representation in
Palm Harbor,
Clearwater,
New Port Richey, and surrounding Southwest
Florida counties, make sure your legal rights
are protected by seeking the legal advice of an
experienced attorney & lawyer.
Contact
the
Law Offices of Jeffrey A. Herzog, P.A., today by calling
Toll Free: (866)-789-4002
or
Locally at
(727) 789-4000
to schedule a confidential legal consultation.
Call Us Now Toll Free: (866)-789-4002
/ Locally: (727) 789-4000
Palm Harbor
Trust Attorney
& Lawyer providing professional Trusts, Trust Litigation,
and
other Estate Law legal services in
Palm Harbor, Clearwater, New Port
Richey, and
the surrounding Southwest Florida communities. |
