PCPrivate Client

A plan is not a stack of instruments. It is a set of decisions, written down carefully enough that they still hold thirty years from now, when the person who made them is not in the room.

The approach

What this department is, and who calls on it.

Private Client is the widest department in the firm, and deliberately so. A household’s affairs do not divide neatly into estate planning on one side and a guardianship petition on the other. The same family may need a dynasty trust this year, a Marchman Act petition next month, and a parenting plan the year after. Handling all three under one roof means the lawyer already knows the family when the difficult call comes.

The work runs from the quietest planning to the most contested proceeding — trusts, powers of attorney and health care directives; probate and trust administration; will and trust contests; guardianship and guardian advocacy; dissolution, support, time-sharing and adoption. Most of it never reaches a courtroom, and that is the measure of whether it was done well.

Major areas within the department

23 areas within the department.

Estate Planning

Wills, revocable and irrevocable trusts, durable powers of attorney and health care directives — and, for larger or more complex estates, the advanced structures that move wealth efficiently across generations: dynasty trusts, GRATs, SLATs, asset protection planning and charitable and family-office structures.

Estate PlanningAdvanced Estate PlanningTrust PlanningAsset Protection PlanningCharitable & Philanthropic PlanningFamily Office Services
Fiduciary Administration

We serve as, or as counsel to, the trustees, personal representatives, agents and guardians who administer an estate or a trust once it is in effect — probate and trust administration, accountings, and the litigation that follows when an instrument, an administration or a fiduciary’s conduct is contested.

Probate AdministrationTrust AdministrationFiduciary LitigationWill ContestTrust Contest
Guardianship, Elder Law & Special Needs

Protecting the person and the property of someone who can no longer manage either — incapacity and guardianship proceedings, elder exploitation, Medicaid and long-term care planning, and special needs trusts that preserve eligibility for public benefits.

GuardianshipGuardian AdvocacyElder LawSpecial Needs Planning
Mental Health & Substance Abuse Proceedings

Baker Act and Marchman Act petitions brought on behalf of a family seeking involuntary examination, stabilization or treatment for a person in crisis.

Baker ActMarchman Act
Family Law

Dissolution of marriage, child support and time-sharing, premarital and postmarital agreements, and adoption — handled with an eye on the estate plan the same family already has in place, so that one is never drafted blind to the other.

Divorce/Dissolution of MarriageChild SupportChild Custody/Time-SharingPremarital AgreementsPostmarital AgreementsAdoption

From the journal

Writing that touches this department.

Resources

If you are looking into this on your own.

Florida Probate Code — Fla. Stat. ch. 731–735 (the statute governing wills, intestacy and estate administration)
Florida Trust Code — Fla. Stat. ch. 736 (the statute governing trust creation, administration and modification)

Representative matters

A sample of the work.

Details are altered to preserve confidentiality.

01Restatement of a family trust holding a closely-held operating company, coordinated with the sale of that company
02Plenary guardianship established for an incapacitated parent, with a related exploitation claim against a former caregiver
03Three-generation dynasty trust with a trust protector, a decanting provision and a written statement of the settlor’s intent
04Marchman Act petition and treatment plan, followed by a special needs trust for the same beneficiary

Questions

What clients actually ask.

Do I need a trust, or is a will enough?

A will alone means probate — public, slow, and costly in Florida. A trust avoids it, but only for property actually retitled into it. That second half is where most of the work lies, and where most plans quietly fail.

Can one firm handle both an estate plan and a family law matter?

In a family’s life they are the same matter. A dissolution rewrites a plan; a plan constrains a settlement. Handling both means neither is done blind to the other.

How often should a plan be revisited?

Every three years, and immediately upon a sale, a marriage, a birth, a death, or a move out of state.

Related

Matters rarely arrive alone.

Discuss a private client matter.

The first conversation costs nothing, and commits you to nothing.