Estate Planning, Trusts and Probate

Saxon|Gilmore assists clients in providing for the security of their families. Our attorneys represent clients throughout the state of Florida in a wide variety of estate planning, guardianship, and trust matters, from simple wills to will contests and complex taxable estates on a cost-effective basis. We can thoroughly evaluate whether a will contest, trust or probate dispute rises to the level of a lawsuit or may be resolved through a favorable settlement; and, if litigation is required, determine the merits, review the facts and evidence, and ensure that our clients’ rights and assets are protected. Because tax, trust, and estate laws are amended ever more frequently, our dedicated attorneys make it a point to stay abreast of the current legal strategies essential to properly structure an estate plan.

Estate Planning
Saxon|Gilmore devises strategies to implement our clients’ desires for the disposition of their holdings, including planning for the continuity of family businesses and determining ways to minimize liability for transfer taxes, homestead matters, and educating our clients on methods available to administer their assets upon incapacity or death and to avoid probate. In addition to the preparation of wills and trust agreements, as well as powers of attorney and advance directives for designation of healthcare surrogates, successful estate planning by our team of attorneys encompasses a wide variety of techniques enabling us to customize each individual’s estate plan to preserve assets and ensure proper and efficient estate distribution. Our work experience encompasses:

• Corporate buy-sell agreements
• Family limited partnership agreements
• Pre- and postnuptial agreements
• Gift and estate tax planning
• Planning for disability
• Estate and trust litigation and will contests
• Special needs trusts
• Trust reformation and construction

Probate
Saxon|Gilmore advises clients on the financial, tax, and business aspects of estates. Our attorneys and other professionals are well versed in probate law and, at a difficult time of personal loss, we can offer clear and concise guidance through the entire probate process to ensure smooth and efficient administration of each estate, including preparation of probate documents and the paperwork necessary for transfer of assets; and, if needed, provide representation in probate litigation. We often handle ancillary estate proceedings for out-of-state residents who have died leaving Florida assets, resulting in a quick and efficient administration process to distribute those assets.

Taxation
Saxon|Gilmore represents clients in the resolution of tax disputes with federal and state taxing authorities. Our experience in evaluating our clients’ needs and preparing the proper estate plan documents maximizes the benefits available and reduces the tax consequences of improper planning.

Trust/Guardianship
Saxon|Gilmore advises fiduciaries in trusts and estates and also represents clients in guardianship and conservatorship proceedings. We can evaluate the type of trust best suited to meet our clients’ needs, protect assets from creditors of the beneficiaries, and avoid guardianship proceedings, giving our clients the peace of mind of knowing that the estate will be administered in accordance with their wishes by a fiduciary selected by them. If a guardianship is unavoidable due to receipt of assets by a minor beneficiary or incapacity of an individual who has an incomplete estate plan, we have the knowledge and experience in representing guardians throughout the legal process to facilitate care of the ward, as well as preparation of the various requisite pleadings, reports, and accountings for the guardianship assets.

Attorneys in this practice area
Bernice S. Saxon, Esq.
Monica A. Mercer, Esq.