The personal representative has numerous legal duties that go far beyond what is stated in the Will. The personal representative is the Fiduciary responsible for handling the assets of the estate and for their distribution to satisfy the decedent’s wishes as expressed in the Last Will and Testament. Therefore it is important to have an experienced Trust and Estates Attorney to assist and advise the personal representative as to avoid the common pitfalls and problems that can arise.

TRUST ADMINISTRATION

Another unique practice area, Trust Administration, involves the administration and transfer of assets pursuant to the specific instructions set by a Trust Agreement, and can involve very complex considerations. At KEL Attorneys, we can manage all aspects of Trust Administration including:

• Distribute the assets to the beneficiaries
• Evaluate issues concerning discretionary distributions
• Evaluate opportunities to minimize taxes
• Implement procedures to avoid and limit Trust Litigation
• Marshal the assets of the Trust
• Obtain receipts and releases so the Trustee is discharged and cannot be sued later
• Oversee the preparation and filing of the US Fiduciary Income Tax Return
• Prepare and file the Florida Estate Tax Return
• Prepare and file the US Transfer Tax Return
• Prepare the final accounting of the Trustee
• Preserve and protect the assets

The Trustee has numerous legal duties that go far beyond what is stated in the Will. The Trustee is the Fiduciary responsible for handling the assets of the Trust and for their distribution to satisfy the grantor’s wishes as expressed in the Trust Agreement. Therefore it is important to have an experienced Trust and Estates Attorney to assist and advise the Trustee as to avoid the common pitfalls and problems that can arise.

PROBATE LITIGATION

Probate litigation involves lawsuits that arise as a result of actions taken by someone close to the deceased, including:

• Exerting undue influence over the decedent to sign a Last Will and Testament
• Revoking a will based on the decedent’s lack of mental capacity to sign a Last Will and Testament
• The Last Will and Testament was not properly signed and witnessed in conformity with Florida Law

In addition to these actions, many other issues may arise that would warrant a lawsuit to recover estate assets or to change the testamentary disposition of the decedent including:

• Actions concerning the misuse and abuse of a power of attorney
• Allegations of elder abuse or that a friend or family member acted in a way to turn an elderly person against his or her loved ones
• Breach of a close and confidential relationship by attorney or other fiduciary
• Fraudulent procurement of lifetime transfers of property

Probate disputes can involve highly complex issues and require the assistance of an experience attorney, with years of trial experience. At KEL Attorneys, our team has litigated cases throughout Florida including:

• Actions by and against personal representatives of estates for breach of fiduciary duty, removal, and surcharge
• Actions concerning elder abuse
• Actions concerning the abuse and misuse of Powers of Attorney
• Actions involving creditor claims
• Actions to recover property on behalf of an estate taken from the elderly and infirm
• Actions by and against personal representatives of estates for breach of fiduciary duty, removal, and surcharge
• Claims of forgery
• Claims of lack of capacity
• Claims of undue influence
• Contested appointments of personal representatives of estates
• Elective share issues
• Objections to, and the defense of, probate accountings
• Petitions to determine entitlement to estate distributions
• Petitions to determine heirs
• Tax apportionment issues
• Will contests

TRUST LITIGATION

Trust litigation involves lawsuits that arise from disputes concerning the creation and administration of a Trust, including:

• Allegations of lack of capacity or undue influence in the creation of the Trust
• Resolving of Trust Accounting disputes
• Seeking a Judicial determination as to apportionment of taxes
• Seeking damages from a Trustee due to improper Trust management
• Seeking the forfeiture of Trustee fees
• Seeking the removal of the Trustee

Trust disputes can involve highly complex issues and require the assistance of an experience attorney, with years of trial experience. At KEL Attorneys, our team has litigated cases throughout Florida including:

• Actions by and against trustees for breach of fiduciary duty, removal, and surcharge
• Actions to recover property on behalf of an trust taken in violation of the terms of the Trust
• Claims of forgery
• Claims of lack of capacity
• Claims of undue influence
• Elective share issues
• Objections to, and the defense of, trust accountings
• Petitions to determine entitlement to trust distributions
• Tax apportionment issues
• Trust contests

ESTATE PLANNING

At KEL Attorneys, we have the expertise to handle every aspect of estate planning and our goal is to help you implement strategies that will enable you to transfer assets to your chosen beneficiaries while minimizing gift and estate taxes and estate administration expenses. We would be honored to assist you with:

• Business and Succession Planning
• Educational trusts and related family trust planning
• Irrevocable life insurance trusts
• Personal residence trusts and other grantor retained interest trusts
• Premarital and post-marital agreements
• Wills and living trusts