BUSINESS SUCCESSION PLANNING & ASSET PROTECTION
BUSINESS SUCCESSION PLANNING & ASSET PROTECTION
Most estate plans, or high net worth individuals seeking to protect their assets, utilize trusts. Trusts can be very useful in limiting tax liability, protecting from creditors, and avoiding the probate process. The best way to describe a trust is simply a property interest held by one person at the request of another. Families should be cognizant that their attorney be experienced and knowledgeable in creating and administering trusts, because almost every estate plan in Florida involves one. Here at David E. Wolff Law, our trust attorneys will explain to you the mechanics of how a trust works, what is involved, and guide you through the process of leaving your hard-earned assets to your family.
Why You or Your Family Need an Trust Attorney
For larger estates, the entity holding the property of the trust is often a trust and custody division of a bank. Often times, these institutions commit errors administering the trust. Consequently, it is crucial that your trust attorney stay current with the trust so that your assets are not ultimately diminished or divided in a way that you, your spouse, or your children disagree with. Moreover, a well-drafted trust agreement can limit these complications and difficulties by imposing additional duties, powers, limits, or restrictions on the trustee. Similarly, without a detailed trust agreement, ambiguity can create disputes between family members over how you or your family member’s assets are distributed according to the terms of the trust agreement.
Our Services
David E. Wolff Law’s Miami trust attorneys are experienced and committed to preserving your wishes and defending the spirit of those wishes. We provide the following services:
- Trust drafting and creation
- Trustee administrative services
- Trust consultative services
- Trust oversight (if desired)
- Probate Avoidance
- Trust litigation
- Surcharge actions and
- Breaches of fiduciary duty
Who We Are
Our trust attorneys have experience drafting trust agreements, consulting and participating in trust disputes and fiduciary duty litigation involving hundreds of millions of dollars, and have worked alongside experienced c-level corporate trust officers in determining whether breaches of fiduciary duty occurred in the administration of the trust(s) at issue. The crux of trust litigation almost always involves fiduciary duty – a standard of care and one of the original tenets of our legal system by which all trustees (and, in many cases lawyers) are bound. Our experience gives us an understanding of fiduciary duty and a solid grasp of what issues typically arise in the administration of a trust, which uniquely positions us to be effective in drafting trust agreement and, if necessary, litigating the provisions of the trust agreement.
Why You Can Trust Us
The estate planning attorneys at David E. Wolff Law have drafted, edited, reviewed, interpreted and litigated some of the most complex trust documents. Trust litigation can be complex and multifaceted; it often involves many different parties with varying interests, responsibilities, and duties. From protecting personal representatives or trustees, or defending the rights and interests of beneficiaries, David E. Wolff Law is experienced and committed to preserving the intent of the settlor, defending the terms of the trust agreement at issue, and assuring that the trust is administered in a reasonably prudent fashion.
Contact Wolff Law with you or your Succession Planning & Asset Protection needs.