Practice Areas

TRUST ADMINISTRATION

A revocable living trust is another method of distributing assets. A trust is created and all assets are titled in its name. When the grantor or grantors pass away, distribution is made pursuant to the trust document. Our firm can draft a trust to your individual specifications, assist in funding same to get all assets titled properly, and administer the trust after the death of the grantor or grantors. Administration is similar to an estate whereas it includes preparation of authority documentation for the successor trustee, providing statutory notices to beneficiaries as required by law, assisting the trustee in marshalling the trust assets, preparation of an inventory and accounting, and obtaining receipts upon final distribution, but without court intervention. We can review your situation to see if this would be an appropriate option for you.

 

PROBATE

Estate Administration, otherwise known as Probate, is a court-supervised administration designed to transfer a decedents assets to the proper beneficiaries as set forth in a will, or if none, to the heirs as determined by Florida’s law of intestacy.  A properly drawn and executed Last Will & Testament will direct the disbursement of certain assets and appoint the personal representative to administer the estate.  If there is no will, the court will appoint the surviving spouse or other family member as prescribed by law as personal representative.  Monahan & Moran will assist you in determining those persons having priority to serve as personal representatives and beneficiaries, as well as the many other requirements of probate administration.

 

ESTATE PLANNING (Trusts, Wills, etc.)

Monahan & Moran can help you create a plan to ensure your assets are distributed upon your demise to fulfill your intentions.  A proper estate plan may use a will and/or a revocable living trust along with other possible estate planning tools to achieve your testamentary goals while minimizing estate taxes and probate costs.  Our Attorneys can help you create a plan to ensure your assets are distributed to those whom you intend to receive them in the most economical and time efficient manner.  Documents to achieve your estate planning goals may consist of a revocable trust, will, living will, power of attorney, and health care surrogate.  There are many factors to consider when deciding if a trust is the best tool for you or your family to protect you and your loved ones and your long term estate plan.  You should always consult an attorney to consider all the factors and together make the best choices to protect your assets and fulfill your goals.

 

REAL ESTATE

A real estate transaction begins with the singing of a contract.  Generally, printed contract forms are inadequate to reflect the true understanding between the parties.  Monahan & Moran will draft the contract to make certain your interests are protected and ensure you receive a free and clear title.  Our firm specializes in title review which clears the title, and issues a title insurance policy which protects the buyer against any loss from defects.  Monahan & Moran has acted as a closing agent and title insurance agent for over 45 years.  When no closing is involved, Monahan & Moran will draft deeds and related conveyancing documents in cases in which property is gifted or someone is added or removed for the title.