Practice Areas

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Estate Planning

While no one wants to think about death or disability, establishing an estate plan is one of the most important steps you can take to protect yourself and your loved ones. Proper estate planning not only puts you in charge of your finances, it can also spare your...

Wills and Trusts

Last Will and Testament A Last Will and Testament (“Will”) is an instruction to a probate judge on how to distribute your assets upon your death, if your assets are left in your name alone (no other person or persons are named in the title), and/or if you have not...

Durable Powers of Attorney

In this legal document, you assign a person as your "agent" who will act in your place, managing assets titled in your name. An agent named under a power of attorney has no authority over assets you have titled into a trust – only a trustee can manage assets titled in...

Health Care Surrogates

A document in which you name another person to act as your surrogate to make health care decisions if you are unable to. In Florida, without a written health care directive, if you are married, your spouse is automatically your surrogate. If you are unmarried, your...

Living Wills

A Living Will is a legal document in which you make a declaration that you do not wish to be kept alive by artificial means – e.g. machines, feeding tubes or similar non-mechanical means. It is very important to make sure that the person or persons you have named as...

Special Needs Trusts

A special needs trust (also called supplemental needs trusts) is created to ensure that a beneficiary who is disabled in any way and receiving government benefits or an insurance or personal injury settlement does not lose their government benefits or settlement...

Medicaid Benefits Planning

The role of Medicaid planning in today's economic climate is a vital one. Mary will assist family members in navigating the complex federal and state regulations concerning government benefits for long-term care. Because of the strict guidelines regarding the timing...

Veteran Benefits Planning

Honoring our Commitment to Veterans We are pleased and proud to assist veterans and their families, especially as they face the legal and financial issues that come with aging. These are tough issues, and not every lawyer or financial advisor knows what may be...

Guardianship

Incapacity Proceedings, Guardian Appointments, Emergency Guardian Appointments and Guardian Advocates: Guardianship is a protective arrangement established by the court system where an individual is appointed to assist a minor or an incapacitated person who is no...

Trust Administration

Representation of Trustees If a decedent has a properly drafted and funded trust, probate is generally not required. Unlike a will, a trust is a private document and need not be filed with the probate court. Nonetheless, the successor trustee must still take steps to...

Probate

Types of Probate: Formal, Summary and Ancillary When someone passes away, any assets that were titled in that person's name alone, with no beneficiary designations, are part of the probate estate of that individual. Probate is a court process by which the assets of an...

Care Coordination & Advocacy

Quality of care leads to quality of life. That is why Byrski Estate & Elder Law maintains a list of area service providers including in-home health care agencies, assisted living, rehabilitation centers, skilled nursing facilities, transportation...