Serving the Palm Beaches, Martin, Broward, and Miami-Dade Counties
Dedicated to Wills & Trusts, Estate Tax Planning & Probate
Located in Palm Beach Gardens, Florida, the
Tribuiani Law Firm is dedicated to providing the highest quality representation in the following areas of law:
The Tribuiani Law Firm is a client-based law firm. We are focused on serving our clients in a professional and courteous manner. We have the knowledge and experience needed to satisfy our client's needs and help them acheive their goals within the existing legal framework. The Tribuiani Law Firm provides legal services in the following areas of law: (1) wills and trusts; (2) estate tax planning; (3) legal counsel for personal representatives and/or beneficiaries of a probate estate; (4) legal counsel for trustees and/or beneficiaries of a trust; (5) foreclosure defense; (5) debtor defense and protection from lenders and their debt collectors; (6) other areas of law, including, personal injury claims and auto accidents, social security disability claims and appeals, business startups, and other areas of general practice.
Wills & Trusts
We are dedicated to providing legal services that will preserve and protect your assets, develop an effective estate tax strategy, and transfer your assets to your intended beneficiaries when you die. These are just some of the goals that we can help you accomplish through the proper use of a will, durable power of attorney, and trust agreement. The Tribuiani Law Firm can draft your will to make sure that your intended beneficiaries receive your assets, while avoiding those you do not wish to benefit from your death, and to provide you with an effective estate tax strategy. Likewise, a durable power of attorney can help you avoid the financial hardship that often accompanies the unexpected tragedies of life. Similarly, a properly written trust agreement can help you reduce costs and delay of probate, control the administration of your property after you pass away, and may even protect your assets and improve your tax strategy, depending upon your circumstances. Contact us today for an estate plan to meet your needs.
Estate Tax Planning
If you do not plan ahead, you may potentially lose as much as one half of your estate to taxes, depending upon when you die and where you reside at death. There have been many changes to the estate tax code lately, and there are expected to be many more on the horizon, so contact an attorney with experience in estate tax planning to learn how you can benefit from the current estate tax code.
The tax code provides for a $5 million tax exemption, which may be transferred to a surviving spouse upon the surviving spouse's death (for a total of $10 million). But, the current law "expires" at the end of 2012, unless Congress acts before the expiration date. If Congress fails to act before 2013, it is likely that the exemption will revert to $1 million and NOT be transferrable to a surviving spouse. As it stands, unless Congress acts accordingly, both spouses would have to die in 2012 to get the benefit of the $10 million exemption, or face a $1 million exemption and a maximum 55% tax rate beginning in January 2013.
The State of Florida currently does not collect estate taxes from a Florida probate estate, and therefore, provides a generous benefit to many of our clients who are domiciled in Florida. In general, state courts and taxing authorities look to the intent of the individual to determine whether they are domicled in the State of Florida. More specifically, they look to see whether the individual has moved into a residence (has fixed an abode) located in the State of Florida with the present intent to make that residence his or her permanent home. If you would like to see whether and/or how you and your beneficiaries can benefit from Florida residency, please contact the Tribuiani Law Firm and schedule a meeting today.
Probate and Litigation
When someone dies, it can be emotionally overwhelming and physically exhausting to the surviving spouse, relatives and friends. But, you don't have to go it alone. The Tribuiani Law Firm is committed to guiding you through the probate process one step at a time. Whether you are a personal representative, a beneficiary, or both, the Tribuiani Law Firm is dedicated to your needs. Please contact the Tribuiani Law Firm for a legal consultation and to have an attorney guide you through the probate process.
In Florida, the personal representative must have a lawyer - this is not optional. The probate process has many deadlines and requires a lot of paperwork, much of which has to be filed with the court, and therefore, you must have a lawyer to probate an estate. The personal reperesentative is responsible for gathering assets and debts, providing legal notice to beneficiaries and other interested parties, diligently searching for creditors who claim they are owed money, publishing notice in a local newspaper, filing tax returns, and distributing assets in accordance with the order of priority set forth under Florida law. If you do not proceed in accordance with the law, you may be held liable for the financial loss that you cause.
If you are the beneficiary of an estate or trust, then you are entitled to your legal share of the assets. This is true whether the decedent had a Will at the time of death, or dies intestate. As a beneficiary, you may benefit from the services of a lawyer experienced in probate matters, who can help you get your full share of the estate or trust. In the absense of legal counsel, you may undoubtedly end up with more questions than answers. What is your legal share of the estate? How long will it take for you to get your share? Why haven't you been sent a copy of the Will or Trust Agreement? What can you do if you disagree with the amount of money that you recieve? What if the personal representative or trustee is using the money from the estate or trust to buy personal goods and services? Consult an attorney experienced in probate matters to make sure that you get your legal share of the assets and are kept in the loop at every juncture.
Real Estate Law
The Tribuiani Law Firm represents buyers and sellers of residential real estate during negotiations, contracting, and closing phases of the process. The firm also represents renters who wish to enter or break a lease agreement, as well as, owners of residential property who wish to lease their real estate. Whether you are buying, selling, or renting, the firm can help you get the most out of your real estate transaction.
The Florida homestead laws can be a "legal cameleon" (brief of the Real Property Probate & Trust Law Section of the Florida Bar, as Amicus Curiae, McKean v. Warburton, 919 So.2d 341 (Fla. 2006)). Fortunately, the Tribuiani Law Firm remains current on the evolving area of legislative changes and court interpretations, and will provide the legal counseling you need to take full advantage of Florida's Homestead laws.
Foreclosures
Whether you are falling behind on your mortgage payments or facing foreclosure proceedings, the Tribuiani Law Firm can help you assert your legal rights and regain your financial freedom. Lenders must abide by very specific rules of procedure and administrative orders in order to foreclose on your home, and the earlier that you hire a lawyer, the better your chances of successfully defending a foreclosure suit. Whether you seek to be free of your property and the possibility of an excessive deficiency judgment, or you just need additional time to become current on your mortgage payments, contact an experienced foreclosure attorney.
Asset Protection
In response to the growing interest in asset protection planning, the Tribuiani Law Firm now offers asset protection as one of our core legal services. We work closely with our clients to protect them from creditors and their collection agents. We provide various asset protection planning services including but not limited to asset selection, renegotiation of terms of existing debt, final settlement of debt, litigation of creditor claims, defense of unlawful collection practices, and removal of liens and other attachments. The Tribuiani Law Firm is familiar with the federal and state laws that protect Florida residents and we have the experience needed to keep you abreast of the Florida homestead protections, list of assests and income that are exempt from creditors, and cease and desist provisions that can prevent creditors from contacting you. Call our law firm and find out how to plan your asset protection strategy.
Other Areas of Law
The Tribuiani Law Firm will also represent you in the following areas of law:
- Personal Injury and Auto Accidents
- Application and Appeal of Social Security Disability Benefits
- Changing Your Legal Name
- Business Startup
- General Practice of Law
The Tribuiani Law Firm
The law office is conveniently located in Palm Beach Gardens, Florida, adjacent to The Gardens Mall. The Tribuiani Law Firm services all communities in Palm Beach, Broward and Martin Counties in the State of Florida. This includes the cities of Jupiter, Palm Beach Gardens, North Palm Beach, West Palm Beach, Palm Beach, Lake Worth, Boynton Beach, Delray Beach, Boca Raton, Royal Palm Beach, Wellington, Fort Lauderdale, Hollywood, Davy, Pompano, Port St. Lucie, Stuart, and other cities in these counties. In addition, Mr. Tribuiani is admitted to practice in New Jersey, New York and the District of Columbia. Our hours of operation are Monday - Friday, 8:00 AM to 5:30 PM.
Evening and weekend appointments are available upon request. If you are elderly or have a disability and prefer not to travel, arrangements can be made upon request to meet in the comfort of your home.