THE PREMIER CIVIL LAW FIRM

Wills & Trusts

We are dedicated to providing legal services that will preserve and protect your assets, develop an effective estate tax strategy, safeguard your assets in case of disability, and transfer your assets to your intended beneficiaries when you die. These are just some of the goals that we can help you accomplish through the proper estate planning including but not limited to a well drafted will, durable powers of attorney, trust agreement and health care directives with designations of health care surrogate and HIPAA release. The Tribuiani Law Firm can draft your will to make sure that your intended beneficiaries receive your assets, and avoid those you do not wish to benefit from your death, and to provide you with an effective estate tax strategy. Likewise, a durable power of attorney can help you avoid the financial hardship that often accompanies the unexpected tragedies of life. Similarly, a properly written trust agreement can help you reduce costs and delay of probate, control the administration of your property both during your lifetime and after you pass away, protect your assets and improve your tax strategy, depending upon your circumstances. Contact us today for an estate plan to meet your needs.

Estate Planning

If you do not plan ahead, you could lose a substantial portion of your estate to unintended beneficiaries, taxes and creditors, depending upon the estate planning documents you executed during your lifetime, and where you reside at death. There have been many changes to the probate and trust code, as well as the estate tax code over the years, and you can expect many more on the horizon. Contact our firm to speak with an attorney with experience in estate planning and tax strategies and learn how you can benefit from the current trust, probate, and tax code.

The current tax code could provide you ample tax exemptions, and any unused portion of the first spouse to die may be transferred to the surviving spouse by a process known as portability. An attorney with our firm can prepare all of the tax forms needed to complete this process on your behalf.

The State of Florida currently does not collect estate taxes from a Florida probate estate, which is a generous benefit to those who are domiciled here. If you have moved into a Florida residence with the present intent to make that residence your permanent home, then you may avail yourself of those protections. If you would like to see whether and how you and your beneficiaries can benefit from Florida residency, please contact the Tribuiani Law Firm and schedule a meeting today.

Probate and Trust Litigation

When someone you love passes away, it can be emotionally overwhelming and physically exhausting. The Tribuiani Law Firm is committed to guiding you through the probate and trust process one step at a time. Whether you are a personal representative, trustee, or beneficiary, the Tribuiani Law Firm is a full-service law firm dedicated to providing the highest quality representation and personalized legal services to each of our clients. Please contact us to have an experienced attorney guide you through this process one step at a time.

In Florida, the personal representative must have a lawyer to navigate the probate process which is wrought with deadlines and paperwork, much of which is subject to review by the probate judge. Without legal representation you may be needlessly exposing yourself to personal liability for many fiduciary duties and responsibilities including but not limited to filing death certificates and wills, providing legal notice to beneficiaries and other interested parties, ascertaining and negotiating with creditors who claim to be owed money from the decedent, publishing legal notices in the newspaper, filing probate and trust tax returns, and distributing assets in accordance with the order of priority set forth under Florida law. If you do not proceed in accordance with the law, you may be held personally liable.

If you are the beneficiary of an estate or trust, please contact our experienced legal staff to get you the share of the assets to which you are entitled. We will quickly and efficiently get you all of the documentation and information to which you are entitled, (e.g., accountings, bank statements, investment accounts, tax returns), calculate your exact share of the assets, and determine approximately how long it should take for you to receive your share. If you do not receive your full share of the assets, or the information to which you are entitled, then our firm will create the strategies and solutions needed to resolve your case in an efficient manner. If a settlement cannot be reached, an attorney will aggressively represent you at all stages of the litigation process.

The Tribuiani Law Firm is a full-service civil litigation firm committed to providing the highest quality representation and personalized legal services to each of our civil clients. We represent beneficiaries, trustees, and personal representatives in all issues concerning fiduciary obligations and duties, abuse of authority, breach of trusts, testamentary capacity, undue influence, intentional interference with expectation of inheritance, breach of fiduciary duties, self-dealing, unreasonable delays in making distributions, removal of personal representatives and trustees, misappropriation of assets, and failure to properly account for administration of estates and trusts.

Real Estate and Homestead

The Tribuiani Law Firm represents buyers and sellers of residential real estate throughout the negotiation, contract, and closing phases of the process. We also represent renters who wish to enter or break a lease agreement, as well as, owners of residential property who wish to lease their real estate. Whether you are buying, selling, or renting, the firm can help you get the most out of your real estate transaction.

The Florida homestead laws can be a "legal chameleon" (brief of the Real Property Probate & Trust Law Section of the Florida Bar, as Amicus Curiae, McKean v. Warburton, 919 So.2d 341 (Fla. 2006)). Fortunately, the Tribuiani Law Firm keeps abreast of the evolving area of legislative changes and court rulings and interpretations of law, and will provide the legal counseling you need to take full advantage of our Homestead laws.

Debtor Defense

Whether you are falling behind on your credit card or mortgage payments or facing legal proceedings, our firm can help you assert your legal rights and regain your financial freedom. Lenders must abide by very specific rules of procedure and administrative orders in order to obtain a judgment against your assets or foreclose on your home, and the earlier that you hire a lawyer, the better your chances of successfully defending a suit.

Guardianships

A Guardianship may help safeguard a person's assets and preserve his estate plan after he has lost the capacity to manage his own financial affairs. Our firm is experienced at creating, administering, and terminating the guardianship. We handle all aspects of the guardianship process including the approval of personal injury settlements, restricted accounts for incapacitated persons, minors who unexpectedly inherit a large estate, annual accountings, and court-approval for guardianship expenditures.

Asset Protection

The Tribuiani Law Firm has built a strong reputation for working diligently to empower each client with the many protections granted to Florida residents against creditors and collection agents who seek to circumvent the rules of law. We understand the financial pressures that our clients face, and are dedicated to providing an asset protection plan to address their asset selection, negotiations, dismissal of deficient law suits, final settlements, satisfaction of debt, judgment liens and attachments, credit reports, unlawful collection practices, and potential taxes associated with cancelled debt.

Civil Litigation

Tribuiani Law Firm is a full-service civil litigation firm committed to providing the highest quality representation and personalized legal services to each of our civil clients. If you have been the victim of elderly abuse, you have rights under Florida law and an attorney will arm you with the tools you will need to recover damages and seek justice. Our law firm will represent you in all stages of the litigation process.

Other Areas of Law

• Medicaid Qualification and Application Process
• Trust and Estate Tax Returns (e.g., Forms 1041, 5227, 706, 709)
• Transfer of Business Entities Upon Death of an Owner
• Asset Transfers Upon Death
• Guardianships
• Personal Injury When a Party to the Lawsuit Dies