Wills, Trusts & Estates

The Wills, Trusts & Estates Group at Greenspoon Marder is a well-known institution, with a history dating back to the 1970s and a combined experience level of more than a century. It’s also one of the largest trusts and estates practices in Florida.

Over the years, our attorneys have earned a reputation for providing personalized client service and continually delivering effective legal services that meet or exceed the highest standards in the industry. In fact, a number of our attorneys are either board certified by the Florida Bar, which recognizes special knowledge, skills, and proficiency in an area of law, as well as professionalism and ethics in practice, or have an advanced degree in tax.

At Greenspoon Marder, our attorneys counsel clients in techniques for conserving, managing and transferring wealth, as well as minimizing income, gift, estate and generation-skipping transfer taxes, whenever possible. This includes transferring all types of property interests, including sole and family proprietorships, closely held corporations, real estate, partnerships, intellectual property rights, employee benefits and other investments.

Many of our clients include charities as an integral part of their gift and estate tax and income tax planning. We assist clients in planning and establishing foundations and charitable trusts (both charitable lead trusts and charitable remainder trusts). We also represent charitable organizations in connection with the receipt of gifts and bequests, as well as in their administrative affairs, including issues regarding formation.

We represent individuals and families in a wide range of matters, including but not necessarily limited to:

  • Basic Estate Planning: Preparation of Last Will & Testament, Revocable Trust (if appropriate), Designation of Healthcare Surrogate, Living Will, Designation of Pre-Need Guardian and Durable Power of Attorney
  • Estate Planning and Tax Planning for Non-Citizens
  • Estate Planning and Tax Planning for Domestic Partners
  • Administration
  • Asset Protection Planning
  • Estate, Gift and Income Tax Planning, Return Preparation and Audit Representation
  • Elder Law
  • Business Succession
  • Sophisticated Estate Planning: Family Limited Partnerships (“FLP”s), Intentionally
  • Defective Grantor Trusts (“IDGT”s), Qualified Personal Residence Trusts (“QPRT”s), Grantor Retained Annuity Trusts (“GRAT”s), Special Needs Trusts, Qualified Domestic Trusts (“QDOTS”) and Pet Trusts
  • Philanthropic Planning: Private Foundations, Charitable Remainder Trusts, Charitable Lead Trusts, Public Charities and endowments
  • Judicial Modification, Termination or Decanting of Irrevocable Trusts
  • Irrevocable Life Insurance Trusts – including preparation of Crummey letters and appointment as trustee upon request
  • Guardianship – establishment and administration
  • Probate of taxable and non-taxable estates – including estate tax return (Form 706) preparation and audit representation, and assistance in elective share matters
  • Trust formation, administration, settlement and final distribution
  • Tax representation of individuals, trusts, estates, corporations and charities
  • Representation of Trustees, Personal Representatives and Guardians (“Fiduciaries”) and Beneficiaries in Probate, Trust and Guardianship Litigation
  • IRA Planning: integration IRAs and qualified plans into the estate plan, post-mortem planning including use of qualified disclaimers, distributions and other techniques
  • IRA Compliance: representation several financial institutions as outside counsel on IRA matters
  • Investment of IRAs in Real Estate, LLCs and Alternative Investments: determining whether a proposed transaction is prohibited, assistance in structuring the investment, and set up of IRA LLC if appropriate
  • Preparation of Qualified Domestic Relations Orders (“QDRO”s), as well as court documents needed to divide an IRA in divorce proceedings
  • Preparation and review of Prenuptial, Postnuptial and Cohabitation Agreements and coordination with estate plan for married and unmarried couples
  • Legal Opinions on all Trusts and Estates matters

We also have attorneys who concentrate in Probate & Trust Administration and Litigation. Our attorneys have settled very substantial estates with complex legal and tax issues. Also, we have been lead counsel in many cases that were decided by the Florida Supreme Court or have been of legal significance in the field of Trusts and Estates Law. Because Greenspoon Marder is a full-service law firm, the Wills, Trusts & Estates Group has the ability to seamlessly draw upon the expertise of attorneys in other practice areas, such as: Corporate & BusinessFamily; Finance & Transactions;Civil, Commercial & Complex Commercial Litigaton; and Corporate Taxation, among others.