New parents should enjoy the process of adopting a child. However in many cases, legal paperwork and other issues complicate the matter, leading to confusion and stress in what should be a happy time. Having a trusted attorney by your side throughout the adoption process can alleviate the anxiety that adoption issues cause.

At the law office of Engvalson & Associates, we utilize over 17 years of legal experience in order to provide comprehensive adoption representation to clients across Southwest Florida. We want our clients to understand the many aspects of adoption, and we educate them on these issues, allowing them to make informed decisions.

Just as there are different types of adoptions, there are also different issues that may stem from adoptions. Our office confidently handles numerous types of adoptions, including the following:

International  •  Local •  Traditional  • Stepparent

We are a firm that is truly dedicated to our clients. Each client has direct contact with their attorney throughout the adoption process. We concentrate on making each adoption as efficient and painless as possible. Contact Engvalson & Associates today for a free initial telephone consultation at (239) 332-7273. We will clearly explain the adoption process so you can focus your attention on the new addition to your family. During our free initial phone consultation, we will discuss the unique aspects and needs of your case.

Engvalson & Associates, P.A. handles all issues involved in a divorce or dissolution proceeding including the determination of custody, visitation and support for minor children as well as the division of marital property and alimony. The law firm's focus is to insure that the best interests of the children are kept in the forefront of the proceedings and to attempt to resolve matters as expeditiously as possible whether it be through a settlement agreement reached between the parties, a mediation agreement, or via trial if necessary.

Engvalson & Associates, P.A. handles actions for modification and or enforcement of final judgments, temporary orders, and final orders where the circumstances indicate that such a proceeding is warranted based on a substantial change in circumstances of party or parties or failure of one party to comply with the Court's Order. Representation is provided for additional related family matters, including domestic violence cases, Marchman Act proceedings, and injunctions.

The Law Offices of Engvalson & Associates, P.A. strives to maintain the highest level of professionalism, honesty and ethical conduct while providing forthright and zealous representation. Engvalson & Associates utilizes a team approach in obtaining specialist in forensic accounting, financial advisors, investigators and mental health specialist when needed to insure that the best interests of the child and the client are met in divorce, modification of custody, child support matters and other family law proceedings.

We invite you to give us a call and ask all the needed questions - we offer a free initial phone consultation on most matters, to determine if we can be of service to you.

"Probate" comes from the Latin word for "to prove", and the thing sought to be proved is the validity of the Will. In practical usage, it's meaning is broadened to the entire process of going through court to transfer property of a deceased person to either those he has designated in his Will, or if there is no Will, those designated by Florida law. Another phrase for probate is "administration of the estate", and that generally falls into two categories, formal administration and summary administration.

Formal Administration

Formal Administration begins with the filing of a Petition for Administration, accompanied by several other documents, including a certified copy of the Death Certificate, an Oath of Personal Representative, Designation of Resident Agent , and Acceptance, and the Will, if there is one. The Clerk's filing fee is currently $400.00. The appointment of the Personal Representative can be contested, although it usually isn't, and the preference is usually given to the individual designated by the deceased's Will.

It is not unusual for a probate judge to require that the personal representative obtain a probate bond prior to issuing the Letters of Administration. The cost of a probate bond is based on the amount of the bond required by the judge, however, $75.00 - $500.00 is typical.

Once the judge appoints the personal representative by issuing the Letters of Administration, an Inventory of all assets of the estate is filed, and Notice to Creditors is sent to any known creditors, and published in the newspaper. Cost of such publication is approximately $90.00. (cont'd next tab)

Formal Administration (cont'd)

Creditors receiving notice by publication have 90 days to file a Statement of Claim; creditors receiving notice directly by certified mail have 30 days. If a claim is filed, the personal representative has 30 days in which to file an objection contesting the claim. If no objection is filed, the claim will be deemed valid. If an objection is filed, the creditor has 30 days in which to enforce the claim. Once the creditors' period expires, the personal representative can proceed with paying the claims against the estate according to the priorities set by Florida Statutes.

By Statute, attorney fees for a probate action generally are 3% of the total of the estate assets. The personal representative is also entitled to a fee for his or her work and services, and that fee is generally 3%, plus reimbursement for out-of-pocket expenses.

Summary Administration

Summary Administration may be available if the value of the entire estate, less the value of property exempt from the claims of creditors, does not exceed or the decedent has been dead for a least two years. The Petitioner must make a diligent search for any known or reasonably expected creditors, serve a copy of the petition on those creditors, and make provision for payment for those creditors to the extent that assets are available. Currently, the Clerk's filing fee for a Summary Administration valued at under $1,000.00 is $235.00; the fee for those valued over $1,000.00 is $345.00. Usually, upon the filing of a Petition for Summary Administration signed by all beneficiaries, a Certified Copy of the Death Certificate, and the original of the decedent's Will, if one exits, the Court will enter an Order of Summary Administration within a few weeks, and disbursement of the assets can be made.

Trusts

The best way to avoid the cost and delay of probate is to have a Revocable Living Trust. Since probate only deals with assets titled solely in the name of the decedent, and since a properly funded Trust leaves no assets in the name of the decedent alone, all of the Trust assets pass quickly, and without probate. Through a Revocable Trust, you can accomplish significant tax planning, prevent your estate from being wasted by irresponsible heirs, while still providing for their needs, and provide maximum benefits to heirs with special needs without jeopardizing the heir's entitlement to other benefits. In most circumstances, you, or you and your spouse, are the initial Trustee or Co-Trustees, and serve usually until your death or incapacity, or until you simply chose to resign and let your Successor Trustee (who is also designated in the Trust) take over.

Durable Power of Attorney

Another essential estate planning tool is the Durable Power of Attorney. It is called "durable" because, unlike traditional Powers of Attorney, it "endures" beyond the incapacity of the maker. It is essential because, along with the Trust, it enables the individual you designate to deal with all of your financial matters when you can't.

Designation of Helthcare Surrogate

An Extremely important document is the Designation of Healthcare Surrogate. This is essentially a medical power-of-attorney, and authorizes your designee to make healthcare decisions for you when you can't.

Living Will

The next significant document in your estate plan is the Living Will. The Living Will is very poorly named, since it is about death, and is not a Will. However, it does express your intent about being allowed to die in a situation where you have a terminal condition, your doctor has determined there is no hope for recovery, and you are incapacitated such that you can't make the decision yourself at the time. Your Living Will expresses to your family and physician that you want to be allowed to die naturally without the application of invention or extreme measures.

Pour Over Will

While your Trust should result in the passing of all your assets without the need for probate, occasionally, a circumstance arises where a person inherits funds, receives a gift (or wins the lottery!), but dies before the new asset can be put in the Trust. In such a case, a "Pourover Will" is used to put the assets into the Trust. Unfortunately, that process does require probate. Nevertheless, a Pourover Will is routinely included in a Trust package as a safety net.

Periodic Review

Because of frequent changes in the law, as well as each individual's personal situation, it's advisable to consult with an attorney to have your estate planning package reviewed every two or three years by an estate planning attorney. Our office offers a free initial telephone consultation to potential clients who have no estate planning documents, and also a free initial in-office consultation to review existing estate planning documents to determine if any changes or updates are necessary.