Trusts, Estates & Medicaid Planning
Florida Probate and Estate Administration, and Litigation
Estate planning is the legal process of arranging how assets will be managed and distributed during a person’s lifetime and after death. In Florida, probate is a court-supervised process for distributing titled assets when a person dies, and it applies whether or not the deceased had a will. A properly structured estate plan, including wills, trusts, and beneficiary designations, can help families avoid probate and reduce administration costs. Medicaid planning is the process of legally structuring assets to meet Medicaid eligibility requirements for long-term care, including nursing home coverage — a critical concern for Florida seniors as nursing home costs can exceed $10,000 per month. McFarland Gould Law Firm handles probate, trust administration, and Medicaid planning statewide, serving clients across Pinellas, Hillsborough, and Pasco counties from six Tampa Bay office locations. Free initial consultations are available. Call 727-461-1111.
Senior Partner Gary W. Lyons handles probate, trust administration, and Medicaid planning across Tampa Bay. Call 727-461-1111 to schedule a free consultation.
Estate & Trust Administration for Pinellas, Pasco, Hillsborough, and all Florida Counties
What is Probate?
Probate is a court supervised process of distributing property as directed by a will or in accordance with the law if no will exists. Since there is court supervision of the entire process, the heirs or beneficiaries can be assured of a full and fair distribution of the estate. Probate is necessary whenever a deceased person leaves titled assets in their name alone.
Our Florida Probate and Estate Services
Through our years of practice, we have a thorough knowledge of the Florida probate process. We take pride in our strong and active practice in the areas of probate and trust administration, and estates. We are pleased to provide high caliber legal services to families, individuals, heirs, and beneficiaries with compassion and understanding. Our law firm recognizes the complexity, challenges, and emotions that are related to probate administration. Our concern for the wishes of the decedents and trust grantors, together with our sensitivity to the needs of heirs and beneficiaries, is the cornerstone to our probate practice.
Our professionals recognize that the firm’s success depends upon client satisfaction, and focus on providing superior legal services while enhancing long-term relationships of trust with our clients. Ours is a firm where professionals perform, not merely practice. We are proud to have earned such an outstanding reputation and equally proud that the majority of our clients are referred to us by existing clients.
We regularly handle probate cases throughout the State of Florida and work with out-of-state personal representatives, beneficiaries, and relatives to settle Florida estates. Perhaps you have been chosen as a personal representative or executor, or trustee and need an attorney to help you with the distribution. You may be a loved one who questions how distribution of an estate is being handled. Regardless of your position, we have the knowledge to represent your interests in any probate proceeding.
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Practice Areas
MEDICAID PLANNING
As we age, one of our biggest fears is that we may need expensive nursing home care one day that will completely drain our savings and other assets.
Through the power of planning, families can minimize their exposure to nursing home care costs and protect their hard-earned money.
If you or a loved ones wants to plan for future nursing home care needs or is currently in need of nursing home care, our team at McFarland, Gould, Lyons, Sullivan & Hogan P.A. can help you navigate through Medicaid’s eligibility rules and protect your hard-earned assets.
Frequently Asked Questions
What estate planning services does McFarland Gould provide?
Our attorneys assist individuals and families with drafting wills and trusts, establishing powers of attorney and healthcare directives, administering estates, guiding beneficiaries through the probate process, and planning for long-term care costs including Medicaid eligibility. We take the time to understand your family’s specific situation and goals.
What is the difference between a will and a revocable living trust?
A will takes effect at death and must go through probate before assets are distributed. A revocable living trust can hold assets during your lifetime and transfer them to beneficiaries without probate, often more quickly and with greater privacy. Both documents allow you to specify how your assets should be distributed, but a trust typically requires more upfront planning to fund properly. An attorney can help you determine which approach best fits your goals.
What happens if I die without a will in Florida?
If you die without a valid will, Florida’s intestate succession laws determine how your assets are distributed. Depending on your family situation, this may mean assets pass to relatives you did not intend to benefit or in proportions that do not reflect your wishes. For example, if you are married with children from a prior relationship, the distribution may be divided in a way that creates conflict. A will ensures your intentions are legally recognized.
What is Medicaid planning and why does it matter?
Medicaid planning involves structuring your finances and assets to qualify for Florida Medicaid benefits, which can cover nursing home and long-term care costs that would otherwise deplete a lifetime of savings. Federal and Florida rules impose a five-year look-back period that examines prior asset transfers, making it important to plan well in advance of needing care. Proper planning can protect assets for a spouse or other family members while ensuring you qualify for needed benefits.
What is probate and can it be avoided in Florida?
Probate is the court-supervised process of validating a will, paying debts, and distributing assets after death. In Florida, probate can be time-consuming, expensive, and a matter of public record. Assets held in a revocable living trust, jointly titled with rights of survivorship, or with named beneficiaries pass outside of probate. Strategic planning with an attorney can minimize or eliminate the need for probate for most of your estate.
What documents should every adult have in place?
At a minimum, every adult should have a valid will, a durable power of attorney designating someone to handle financial matters if you become incapacitated, a healthcare surrogate designation authorizing a trusted person to make medical decisions on your behalf, and a living will expressing your end-of-life care preferences. For those with significant assets or complex family situations, a trust and Medicaid planning may also be appropriate.
STEPS TO GET STARTED
STEP 1
CONSULTATION
Have a case and seeking legal representation? Contact us to set up a consultation.
STEP 2
SIGN UP
We have a quick and easy sign up process. Once you sign up for representation, we take care of the rest.
STEP 3
REPRESENT
We go to battle for you. Our team of powerhouse attorneys will get to work and update you regularly on your case.
LOCATIONS
Main Office
1659 Achieva Way
Suite 128
Dunedin Florida 34698
Suite 128
Dunedin Florida 34698
St. Petersburg
260 1st Ave S
Saint Petersburg, FL
Wesley Chapel
28210 Paseo Dr
Suite 190
Wesley Chapel, FL
New Port Richey
6230 Lafayette St
New Port Richey, FL
South Tampa
1646 W Snow Ave
Tampa, FL
North Tampa
6944 W Linebaugh Ave
Suite 102
Tampa, FL
