Garten, David

Wills, Trusts & Estate Planning Attorneys, Attorneys, Bankruptcy Law Attorneys

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Places Near West Palm Beach with Wills, Trusts & Estate Planning Attorneys

Golfview (3 miles)
Mangonia Park (6 miles)
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Lake Worth (11 miles)
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Palm Beach Gardens (13 miles)

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Villages Of Palm Beach Lakes

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David M Garten Attorney

Law Office Of David M Garten

Garten, David M Atty

David M Garten Law Office

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https://gartenlaw.com

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Wills, Trusts & Estate Planning Attorneys, Attorneys, Bankruptcy Law Attorneys, Divorce Attorneys, Estate Planning Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Real Estate Attorneys, Tax Attorneys

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Phone: (561) 689-0054

Address: 400 Columbia Dr Ste 100, West Palm Beach, FL 33409

Website: https://gartenlaw.com

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Garten, David

Divorce
Guardianship
A guardianship is a legal proceeding in the circuit courts of Florida in which a guardian is appointed to exercise the legal rights of an incapacitated person.

Real Estate Transactions
If the Power of Attorney was properly executed under the other state’s laws, then it may be used in Florida but its use will be subject to Florida’s Power of Attorney Act and other state laws. The agent may only act as authorized by Florida law and the terms of the Power of Attorney. There are additional requirements for real estate transactions in Florida and if the Power of Attorney does not comply with those requirements its use may be limited to banking and other non-real estate transactions. The third person may also request an opinion of counsel that the Power of Attorney was properly executed in accordance with the laws of the other state.

Trusts and Estates

Estate Planning
Mr. David Garten, our founding attorney, has earned the highest recognition among legal peers, judges and, most important of all, satisfied clients. Since 1984, individuals and professionals in the asset preservation and estate planning fields have turned to our firm for experienced legal counsel in complex litigation matters.
Wills
Undue influence – the possibility that another individual may have exerted undue influence that caused the decedent to sign a Last Will and Testament
Trusts
Under provisions of Florida’s new trust codes Florida Statute §736.04113F, the courts may agree to modify the terms of an irrevocable trust if the settlor can demonstrate that circumstances have sufficiently changed since the original terms of the trust were established. Under Statute §736.04115 of the state’s new trust codes, the court may also modify the terms of an irrevocable trust if the change will be in the best interest of the intended beneficiaries. Such would be the case, for example, if the grantor established an education trust for a child, but the child proved irresponsible with money as the assets became available upon entering college.
Power of Attorney
Under Florida Statute §709.2116 regarding powers of attorney, a party may petition the court to review an agent’s conduct, intentions and actions taken while acting under the authority of power of attorney. Remedies can include removing the agent’s authority under the document.
Probate
Florida’s trust law does not have a specific procedure for identifying and paying creditors at death. The creditors have up to 2 years from the decedent’s death to file claims against the estate. The trustee may be reluctant to distribute the trust assets to the beneficiaries until he or she is satisfied that all claims have been paid, and 2 years is a long time to wait. For this reason, some clients choose to open a probate estate in addition to the trust administration to take advantage of the probate claim process. The probate law limits the time for creditors to file claims against the estate (generally 3 months from the date of notice), and also provides a process for objecting to claims.

Bankruptcy
In some situations your homestead property can be transferred to your trust. Most Florida counties have special requirements to maintain the homestead tax exemption and special language may be required in the trust agreement and the deed. However, homestead property may lose its exemption from creditors when title is held in a revocable trust-the bankruptcy law on this point is unsettled. Your attorney can advise you on whether placing your homestead in your trust is appropriate, and if so, the requirements for a valid transfer.
Tax Law
It is “good” until it is changed or revoked in the manner required by law. Your will may be changed as often as you desire while you are sane and not under undue influence, duress, or fraud, provided it is changed in the required manner. Changes in circumstances after the execution of the will, such as tax law amendments, deaths, marriage, divorce, birth of children, or even a substantial change in the nature or amount of your estate, may raise questions as to the adequacy of your will. All changes require a careful analysis and reconsideration of all the provisions of your will and may make it advisable to change the will to conform to the new situation.

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