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When an individual becomes incapacitated and unable to take care of their own needs, some or all of the financial, medical, and social affairs of that person are handled in a court process known as a guardianship administration. To initiate a guardianship proceeding, a petition is filed with the court that states the basis for the belief that the person in question is incapacitated and unable to handle their own affairs. If the court finds that the person is in fact incapacitated, and alternatives to guardianship are found to be inadequate, the court will appoint a guardian to handle some or all of the person’s affairs. Guardians are often a friend or relative of the incapacitated person, but a professional guardian may be appointed if necessary. Guardians have legal rights and responsibilities with regard to the incapacitated person (or ward), so it is important that a person interested in becoming a guardian be represented by a competent guardianship attorney with substantial experience in guardianship matters. We offer guardianship administration services in Miami, South Florida, and across the State of Florida.

A will contest is a probate proceeding wherein one or more individuals challenge a deceased person’s Last Will and Testament that has been submitted to the court for probate. Will contests can be brought by anyone with a property right in or claim against the decedent’s estate. Reasons for contesting a will often include suspected fraud, financial exploitation, and/or undue influence in the execution of the will and asset disposition scheme. A will, or portion of a will, can be invalidated by the probate court if it determines that the testator (the individual who executed the will) was subject to undue influence. Proving undue influence is often a complicated and fact-intensive endeavor. Often, the person contesting the will must present evidence that another person’s influence overpowered the free will of the testator such that the Last Will and Testament reflects the wants and desires of that person rather than those of the testator. Disputes involving a will require a probate litigation attorney with the skill, experience, and understanding necessary to build a credible case to best represent their client. Chepenik Trushin LLP has successfully represented clients on both sides of will contests, handling dozens of matters involving millions of dollars at stake.

Litigation in probate court is an effective tool for heirs and other interested parties in an estate that suspect estate planning documents have been altered for purposes of transferring money, property, or other assets away from those individuals originally designated as recipients. The probate litigation process involves identification and proper valuation of all of the deceased person’s assets, determination and payment of tax liabilities, and, ultimately, the allocation of assets. Changes to an individual’s estate plan are often contested for a number of reasons, including the contester’s concern that a person took advantage of the testator’s diminished mental or physical capacities, concerns that changes to the documents in question were done under duress, and allegations of fraud. Contesters may also take issue with lifetime transfers of property. Chepenik Trushin LLP has substantial experience representing clients on both sides of probate litigation matters, helping clients recover assets wrongfully taken from them and also successfully defending personal representatives and beneficiaries against such claims. We offer probate litigation services in Miami, South Florida, and across the State of Florida.

Litigation may become necessary in the event a trustee falls short of their administrative duties or the upholding of fiduciary obligations imposed on the trustee by the law or the trust declaration itself. A beneficiary can challenge, among other things, the particular terms of a trust or the actions or qualifications of a trustee. A beneficiary can also request changes to various provisions or clarification of possible ambiguities in the trust. Trustees that have allegedly mismanaged assets or engaged in other inappropriate behavior may find themselves subject to litigation. Whether you are the trustee or a beneficiary of a trust, it is important to speak with competent trust counsel who can properly advise you as to your rights and obligations. Chepenik Trushin LLP has successfully represented many trustees in actions for alleged breach of their fiduciary duties, as well as trust beneficiaries seeking to hold trustees accountable for their mismanagement of trusts.

For those individuals who do not qualify for long term care insurance or cannot afford the monthly premiums of such plans, there potentially are other options available. Advanced planning and asset management can better position a person to qualify for Medicaid for purposes of long-term care in later years. The process of qualifying for Medicaid benefits, while also minimizing asset expenditures and maximizing preservation of wealth for a spouse, child, or other possible beneficiaries, is best handled by working with an estate planning lawyer well-versed in both state and federal law. A skilled estate planning attorney can review the various Medicaid planning options available to an individual and explain how the Medicaid eligibility process works. We offer Medicaid planning services in Miami, South Florida, and across the State of Florida.

We invite you to explore our website or contact us directly to learn more about our firm. We hope to have the opportunity to serve all your estate planning needs. For an initial consultation, please call Chepenik Trushin LLP at (305) 981-8889 or contact us online.