It is with great pride that Legacy Protection Lawyers, LLP announces that the firm’s founding partners, William “Bill” Battle McQueen and Joseph “Jay” Fleece, III, have once again been recognized by Best Lawyers^® on the 2021 list of Best Lawyers in America.

This is a highly respected, peer-reviewed list with more than 9 million votes cast this year. This is the third time Bill has been recognized and the eleventh time Jay has been recognized on this prestigious list. This recognition is one of many awards for their dedicated, outstanding service to the field of trust and estate law.

Bill leads the firm’s planning & administration team, where he develops in-depth estate documentation through a meticulous Legacy Protection Process^TM. Jay helms the firm’s litigation team, bringing years of experience and an honest, fair attitude to each unique situation. Together, their expertise and experience inform the firm’s approach, prizing legal knowledge, practical wisdom, and moral integrity above all else.

Myth #1: I’m Too Young for This

You are never too young to start forming an estate plan. Everyone expects to live a long and healthy life, and many people tend to put off estate planning because they believe there is “plenty of time” to think about it when they are older.

In reality, you never know what is going to happen to you.  It is critical to start thinking about estate planning no matter your age because there are many factors to consider.  Maybe you have young children and you want to name a guardian to have custody of them in the event of an accident.  Do you travel often and need someone local to make healthcare decisions for your minor children while you are out of town?  Do you have close relatives that you would not want to inherit any of your assets?  As you start to accumulate your wealth, do you have the tools in place to protect your assets?   Are you planning to get married soon and you’re not sure whether a premarital agreement is right for you?  These are all questions that young people tend to ask, and an experienced estate planning attorney can help you establish a plan that is right for you.

Myth #2: Estate Planning is All About Passing Along Your Assets

Contrary to popular belief, estate planning is not just about deciding “who inherits what” after your death. A proactive and comprehensive plan has to include the following elements:

• Choosing a guardian for your minor children
• Addressing business succession if you have a business
• Establishing Advance Directives for incapacity
• Appointing healthcare representatives
• Determining beneficiaries for retirement and life insurance accounts
• Tax planning
• Creating asset protection strategies

Myth #3: I Don’t Have Enough Assets to Bother with Estate Planning

Estate planning is not just for the rich. Many people ignore the importance of creating an estate plan because they have few assets.

It is true that wealthy and more complicated estates require more planning and strategizing, but that does not mean that you should ignore estate planning if you have a “small” estate in Florida.  If you become incapacitated before your death and you did not have Advance Directives in place, it may end up costing you more to appoint a Guardian to make decisions for you, than if you had created those Advance Directives in the first place.  There are also other tools you can utilize to avoid probate that are often beneficial and underutilized in “smaller” estates.

Myth #4: I Can Just Write My Own Will by Using the Template I Found Online

There are online forms that permit anyone to create a “do it yourself” Will.  However, doing so can have negative and unexpected repercussions (for example, it could lead to probate litigation).

Instead of using the template that you found on the Internet, it is advised to work with a skilled St. Petersburg estate planning attorney to assess your unique situation and address all aspects of your needs.  Many simple mistakes are often found in those DIY Wills, and the family does not learn of the mistakes until it’s too late – after your death.

When filling out forms to create estate planning documents, you may:

• Make a mistake that can have unintended consequences for your loved ones;
• Fail to follow execution formalities for Wills;
• Overlook critical issues that were excluded from the template; and
• Inadvertently create contradictions in your plan.

To learn more about common myths and misconceptions surrounding estate planning, consult with a knowledgeable team of St. Petersburg estate planning lawyers at Legacy Protection Lawyers, LLP, to get a case evaluation. Call us at 727-471-5868.

https://www.legacyprotectionlawyers.com/will-contests-in-florida-grounds-legal-procedure-and-possible-outcomes/

Best Lawyers is the oldest and most respected peer review publication in the legal profession.

Recognition in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, bestowed upon a lawyer by his or her peers. This list is compiled through exhaustive peer review surveys where tens of thousands of leading lawyers confidentially evaluate their professional peers.  Fees are not permitted to be paid by attorneys to participate in or be recognized by Best Lawyers.

There Are Two Different Types of Guardianships in Florida

Florida recognizes two kinds of legal guardianship, voluntary and involuntary. In a voluntary guardianship, the person for whom a guardian is appointed, also known as the ward, is a competent adult and requests the guardianship appointment. In an involuntary guardianship proceeding, a circuit court in Florida appoints a guardian for an incapacitated person.

In An Involuntary Guardianship, an Interested Person Must File a Petition

Before the court will declare a person incapacitated, a hearing before the judge and subsequent court order must take place. Before the hearing occurs, an interested person needs to file a Petition to Determine Incapacity. An interested person can be a caregiver, relative, neighbor or an attorney.

In the petition, the interested person will set forth the reasons why they believe the person in question needs to be determined incapacitated. After the interested person files the petition, the court will appoint the allegedly incapacitated person an attorney who is experienced in legal guardianship matters. The court will also assign a physician and two other health care professionals who will make up the examining committee.

An Examining Committee Determines Whether Someone is Incapacitated

The examining committee assigned by the court will conduct an investigation into the allegedly incapacitated person. Within 45 days, the committee will report to the judge whether or not they find the allegedly incapacitated person totally incapacitated, partially incapacitated or fully capable.

If the committee states that the person is partially or totally incapacitated, the judge will schedule a hearing at which witnesses, medical officials and any other interested parties will provide evidence as to whether or not the person is incapacitated. If the court decides that the person is incapacitated, the interested person must file a Petition for Appointment of Guardian and an Application for Appointment of a Guardian.

If the interested party is of sound mind and over 18 years old, the court will appoint the person who filed to be the guardian. If someone is contesting the guardianship, the court will look at all of the factors involved to determine a guardian. Florida recognizes the three following types of guardianships: guardian of the financial affairs (property), guardian of the person or plenary guardian of both aspects of the ward’s life.

If you or a loved one need assistance with an incapacity proceeding, our St. Petersburg, Florida guardianship attorneys are here to help. Joseph W. “Jay” Fleece, III is the head of our estate and trust litigation team and has over 38 years of experience litigating guardianship cases throughout Florida.

Our experienced attorneys have skillfully represented allegedly incapacitated persons, concerned loved ones, family members and any other interested parties. Contact the St. Petersburg guardianship litigation attorneys at Legacy Protection Lawyers, LLP today for help.

Resource:

m.flsenate.gov/Statutes/744.331

https://www.legacyprotectionlawyers.com/what-are-inter-vivos-trusts/

Jay Fleece, Cynthnia Fleece, Ria McQueen and Bill McQueen.

Lucas Fleming, Tara Fleming (they were guests of ours) and Bill McQueen.

About the Leadership St. Pete® Program

As one of the oldest leadership programs in America and a division of the St. Petersburg Area Chamber of Commerce, Leadership St. Pete® seeks to identify, recruit and develop leaders who represent the diversity of our local community. Through a dynamic, intensive, interactive, six-month experience, Leadership St. Pete is customized to provide a curriculum that enhances community acumen to develop the future leaders who will assume roles in the Chamber and other community organizations.

Leadership St. Pete challenges its members to look at the problems and decision-making processes in our community, state and nation. There is interaction among class members and face-to-face contact with community leaders that will stimulate creative thinking and help identify ways class members can become more involved in our community. Each participant will assist in planning a seminar in collaboration with his or her fellow team members and will complete a large class project that benefits a local nonprofit organization.

For 90 years, Brookwood Florida has provided a home for girls, diverted by abuse, neglect or family dysfunction, in which they learn to be self-sufficient and successful. Their four-part program helps these girls develop the skills, self-identity, and maturity needed to return to their families or live independently.

Please visit www.BrookwoodFlorida.org or call (727) 822-4789 to learn more and see how you can become involved, too!

“I am so excited to have Jay join Legacy Protection Lawyers.  Not only is he recognized as one of the best estate and trust litigators in the country, but his values align perfectly with our firm.  I have known Jay for 30 years and now look forward to being partners for many years to come.  He and his team of professionals truly make Legacy Protection Lawyers the total estate solution law firm in our market.”

Joseph W. “Jay” Fleece, III, is a native Floridian having been born and raised in St. Petersburg. Mr. Fleece started practicing law in 1980 with the firm of Belcher & Fleece, P.A., and subsequently joined Holland & Knight, where he was a partner heading up the litigation department of the St. Petersburg office. In 2004, Mr. Fleece formed the estate and trust litigation firm of BaskinFleece located in Clearwater, Florida. Mr. Fleece is a graduate of Tulane University and Stetson University College of Law. Mr. Fleece is an AV rated lawyer by Martindale Hubbell and has been named as a Florida Super Lawyer since 2007 and as one of the Best Lawyers in America since 2010. Mr. Fleece’s practice has focused on estate, trust, and fiduciary litigation for the past 37 years and he has been involved in many complex cases throughout Florida, both at the trial and appellate levels and has appeared as counsel in matters in California and South Carolina. Mr. Fleece is a Fellow of the Litigation Council of America and is admitted to practice in Florida as well as the United States District Court, Middle District of Florida; U.S. Court of Appeals for the Eleventh Circuit; U.S. Tax Court; and the United States Supreme Court. Mr. Fleece has also been active in his community, having previously served as president of the Police Athletic League, PARC, Sunshine City Jaycees, and he has previously served on the boards of the local YMCA and Red Cross. Mr. Fleece is a past Commodore of the St. Petersburg Yacht Club and a former Chancellor of the Episcopal Diocese for South West Florida. Currently, Mr. Fleece serves as a member of the Board of Trustees of Johns Hopkins All Children’s Hospital, having previously served as Chairman of the Board and is also serving as the current Vice Chair of the Pinellas Community Foundation.

Honors and Distinctions

• AV Rated by Martindale Hubbell
• Best Lawyers in America® 2010-2018
• Florida Super Lawyers in 2007-2017
• Florida Trend Legal Elite in 2004, 2005, 2006, 2007, 2015 and 2016
• Recipient, Distinguished Citizen Award by the West Coast of Florida Council Boy Scouts of America

http://lawyersforliteracy.org/info/LFL%20Newslet%20Nov.%202017.pdf