Few activities are more important, yet more intimidating, than planning for your own long-term security and the continued well-being of your loved ones.

The complexities of estate and business laws can lead many people to put off this crucial task until it’s too late, but with competent legal help you can lay a solid foundation for protecting yourself, your business and preserving your legacy. With new laws being passed on a regular basis, the guidance of an experienced estate and business planning lawyer is critical in assuring that your unique asset protection and estate planning goals are understood and carried out. Avoiding probate costs, expensive court proceedings and unnecessary taxes are important elements in preserving the integrity of your estate.

As experienced Orlando Business & Estate Planning Lawyers, we offer trusted legal solutions to individuals, families and businesses in Central Florida and throughout the state, in the following practice areas:

• Asset Protection
• Corporate Law
• Real Estate
• Elder law
• Living Wills
• Power of Attorney
• Probate
• Taxation
• Trusts
• Wills
• 1031 Exchanges
• Guardianships
• Estate Tax Returns
• Private Annuities & Charitable Trusts

Keep in mind that one size does not fit all when it comes to business and estate planning. To meet your specific goals, you should be represented by an experienced lawyer who will be sensitive to your objectives and who is experienced in trusts, estates, real estate, probate and business law. With comprehensive expertise in Florida estate, business and real estate law, as well as extensive experience in courts at the local, state and federal levels, we are particularly adept at developing and executing plans tailored to each client’s circumstances and goals — from small probate matters to multi-million-dollar trusts and estates.

Our Law office is a full-service business law firm handling both transactional and litigation matters in all state and federal courts. We are AV rated by Martindale-Hubbell, the only nationally recognized rating system for attorneys. This rating is reserved for attorneys whose legal ability is very high to pre-eminent.

Our clients are always assured of well-qualified and highly experienced representation the moment they set foot in our offices. Our two attorneys have over 75 years of combined experience, and meet with all clients personally.

We strive for the best possible results at a reasonable cost. We limit the number of clients we represent to insure highly personalized service and attention to detail.

Based in Orlando, Florida, our law practice primarily serves residents of Central Florida, including Orange, Seminole, Lake, Flagler, Volusia, Polk and Osceola counties, however, we represent clients throughout the entire state of Florida.

Our philosophy is to have clients in a better position when they leave our offices than when they came in. We endeavor to accomplish this by applying our extensive knowledge in sophisticated areas of the law, and by offering opportunities that many competing firms do not.

Estate Planning for Individuals and Families:
For family and friends, your lasting legacy is the life you lived. But in the eyes of the law, your legacy is your possessions and your written desires. As skilled Orlando Estate Planning Lawyers, we help people provide for their families in memoriam, as well as planning for circumstances that arise while they are still living.

We offer highly personalized estate plans that take into account your wishes for distribution of assets, as well as inheritance tax planning, health care directives and other components to leave the bulk of your estate intact through all contingencies.

Our estate planning package typically includes:

• An individualized will to designate heirs and charities and how you wish your assets to be distributed
• A living trust to enable you and others you may name to hold and manage investment assets during your lifetime including provisions for a successor trustee if you are not able to make decisions for yourself due to illness or accident
• A living will to specify lifesaving medical measures you want or don’t want
• A health care surrogate of your choosing to make medical decisions for you based on your known wishes
• Power of attorney naming a trusted family member or friend to carry out business transactions if you are unable to do so for financial matters – we recommend cross-powers of attorney for husbands and wives

Pierce & Associates is experienced in all types of estate plans, including complex family arrangements such as wills providing for children (or other heirs) from a previous marriage.

Probate law and Contested Wills:
We are also probate lawyers, assisting people who have been named executor of a friend’s or family member’s will. We help the person carry out the distribution of assets and other duties of the personal representative of the estate. Our Firm also handles will challenges, representing clients to defend or contest the will in probate court.

We recommend that you schedule a conference to consider updating your will every 3 or 4 years because states and the Federal Government frequently change the tax, probate and other laws as they apply to settling estates. You should definitely renew your will in the event of: a new marriage or a divorce, a significant birth or death, major illness, purchase of a new home or business, an inheritance, or moving from one state to another.

Business Planning:
Too many business owners neglect business and estate planning in an otherwise successful enterprise. A well-constructed business and estate plan addressing operation and disposition of a business is critical to asset protection in the event of litigation issues, death or incapacity.

We offer experience in all aspects of business law, real estate, mortgage law and estate planning. We will design a personalized and comprehensive estate plan that accounts for your business assets when you die. A business may be devalued by not having a proper transition plan in place. Our background in business transactions and probate law enables you to preserve assets for surviving business partners or family members.

If the business will be kept in the family, we structure the plan for minimal tax consequences when the business and estate pass to a surviving spouse or children. When appropriate, we encourage clients to incorporate family businesses and rental properties as separate corporate entities or LLC’s (limited liability companies) to preserve and protect as many of the assets as possible against third party claims.

If the business will be sold upon the death of the business owner, we structure buy-sell agreements or other plans to arrange for disposition and distribution of the assets or proceeds to heirs.

Real Estate:
It is critical for you to have your own attorney in any real estate or mortgage transaction. Don't rely on the other parties to look out for your interest. Each party has their own goal and agenda. You need an experienced real estate lawyer to protect your interests and in many cases to save you money in ways you may not be aware of. The recent mortgage crisis was due in large part to borrowers being talked into a mortgage problem by a mortgage broker and lender who profited from a transaction where the borrower was told "you don't need a lawyer for this great deal".

If you or someone you know in Florida needs the assistance of an experienced Orlando Business, Estate Planning or Real Estate Lawyer, call Pierce & Associates today at 866-641-0870, or complete the contact form provided on this site to schedule your initial consultation.

Practice Areas and Legal Definitions

Probate:
Probate is the legal process of transferring property following a person's death. Although probate customs and laws have changed over time, the purpose has remained much the same: an individual formalizes his or her intentions as to the transfer of his or her property at the time of death (typically through a will); his or her property is collected, certain debts are paid from the estate and the property is distributed according to the plan in a will, or if there is no will, then according to what the statues dictate (which you and your heirs may not like).

Wills:
A will is a written instrument containing directions on how the assets and property of the testator or testatrix (individual creating the will) shall be divided upon his or her death. Wills can also contain instructions regarding the care of minor children, gifts to charity and formation of posthumous trusts. In order for a will to be legally valid, the testator must sign the will in the presence of two witnesses and he or she must be mentally competent and not acting under duress or under the controlling influence of another.

Will Contest Litigation:
A will Contest is a type of litigation that challenges the admission of a will to probate. Issues that are likely to spur the contesting of a will include:

• the testator lacked mental capacity, i.e. was senile, delusional or of unsound mind at the time the documents were created;
• the testator was subjected to fraud, coercion or undue influence during its creation and implementation;
• there are ambiguities in the document; or
• the will is a forgery or does not conform to legal requirements as to the number and nature of the witnesses.

If the will is thrown out, the court, depending on state law and the specific facts and circumstances may disallow only the part of the will that was challenged; throw out the entire will, distributing the property as if the person died without a will or use the last previous will, if there was one.

Trusts:
Trusts are estate-planning and asset management tools that can replace or supplement wills and can also help manage property during one's life. A trust manages the distribution of a person's property by providing for the transferring its benefits and obligations to different people. Maintaining assets in a trust often makes it easier to minimize taxes and leave a larger inheritance. A trust is also a way to provide a steady income to the Beneficiary over time (as opposed to distribution in a lump sum), thus allowing the trust to grow through investment, and keeping assets free from creditors of the trust beneficiary. Trusts can also provide for the benefit of charitable organizations.

Probating Estates:
Estates are categorized as probate or non-probate. Probate property is property that is transferred by the provisions of a will. Non-probate property is property that is either jointly held and passes by right of survivorship, is directed by beneficiary designation such as an IRA or a life insurance policy, or passes according to the terms of a trust.

Estate Planning:
Good estate planning is more than just a simple will. It minimizes potential taxes and fees (including federal and state gift and estate taxes), and sets up contingency planning to make sure wishes regarding health care treatment are followed before death. A good estate plan also coordinates what happens to a home, investments, business, life insurance, employee benefits (such as a 401K plan) and other property in the event of disability or death.

Powers of Attorney:
Powers of Attorney are governed by the law of agency, a branch of common law concerned with the delegation of power from one person (the principal) to another (attorney-in-fact or agent). When a person becomes incapacitated, the court may step in and appoint someone to represent and make legal decisions for the incapacitated person. One of the ways to avoid or court intervention and the appointment of a stranger to act as your guardian, is to use a Power of Attorney. A Power of Attorney is a written document that can be limited in scope, as you choose or it can allow one person to give another the full power and authority to represent him or her in all matters. There are two types of Power of Attorney; one covering assets and one covering health care decisions.

Estate Litigation:
Estate litigation is a legal dispute usually initiated by someone who feels they did not receive all they were entitled to in a will. Wills can be challenged if it is suspected that the will is not legally valid or if the person who signed the will was wrongly influenced while creating it.

Guardianship:
A guardianship is a legal relationship created by a court between a guardian and his ward, either a minor child or an incapacitated adult. The guardian has a legal right and duty to care for the ward.& This may involve making personal decisions on his or her behalf, managing property or both. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity or disability.

Courts generally have the power to appoint a guardian for an individual in need of special protection. There are different types of guardians that can be appointed. A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian. A person may also be appointed as a guardian of the person or a guardian of the property of the person.  A guardian appointed to represent the interests of a minor with respect to litigation is a guardian ad litem.

Estate Tax Returns:
The money and property you own when you die (your estate) may be subject to federal estate tax. Most estates are not subject to the tax. Only about 2% of all estates are subject to the estate tax. An estate tax return generally will not be needed unless the estate is worth more than the applicable exclusion amount for the year of death. The estate tax is technically a tax on the transfer of property to others, generally to children of a decedent.  There is an unlimited exclusion for the transfer of property to a spouse at death.

Estate taxes are different from, and in addition to, probate expenses and final income taxes owed on income the decedent earned in the year of his or her death. They also are separate from inheritance taxes that are collected by some states.

Most states impose their own estate taxes, usually as a "sponge tax" that piggybacks on the federal estate tax. The federal estate tax allows each estate a tax credit for any state inheritance or estate taxes paid, up to a maximum dollar amount.

Private Annuities & Charitable Trusts:
In a private annuity trust, an owner transfers property to an irrevocable trust in exchange for a specific plan to make prescribed payments to the owner for his or her lifetime. The trust may sell the property to a third party, the proceeds of which are invested to provide the payments promised to the owner. On death, the remainder of the trust estate typically passes to the heirs of the property owner. The trustee must be someone other than the property owner.

A charitable trust is somewhat similar to a private annuity trust, except that the owner transfers property to an irrevocable trust of which one or more charitable organizations will be the ultimate beneficiaries. The type of charitable trust most likely to be used is a charitable remainder trust, in which the owner retains an income interest for his or her lifetime. The property can be sold by the trustee and the proceeds invested to provide the payments to the owner. On death or after a specified term of years, the remainder of the trust estate passes to one or more designated charitable organizations. Unlike a private annuity trust, the trustee can be the property owner.

If you or someone you know in Florida needs the assistance of an experienced Orlando Business, Estate Planning or Real Estate Lawyer, call Pierce & Associates today at 866-641-0870, or complete the contact form provided on this site to schedule your initial consultation.

If you or someone you know in Florida needs the assistance of an experienced Orlando Business, Estate Planning or Real Estate Lawyer, call Pierce & Associates today at 866-641-0870, or complete the contact form provided on this site to schedule your initial consultation.

ADDRESS OF THE FIRM:
Pierce & Associates
800 North Ferncreek Avenue
Orlando, FL 32803
Telephone: 866-641-0870
Fax: 407-898-9321

MEMBERS OF THE FIRM:

John G. Pierce

EDUCATION:

• University of Florida College of Law, Gainesville, Florida, 1965, J.D., Doctor of Jurisprudence
  • Honors: Summa Cum Laude
  • Honors: Order of the Coif
• University of Florida, Gainesville, Florida, 1959, B.S.Ch.E., Bachelor of Science in Chemical Engineering
  

JURISDICTIONS LICENSED IN:

• Florida
• U.S. Federal Court

PROFESSIONAL MEMBERSHIPS:
Mr. Pierce is a member of the Orange County Bar Association, the Florida Bar Association and the American Bar Association. He is a member of the Corporations and Securities Committee of the Florida Bar.  In addition, Mr. Pierce is a licensed real estate broker, a member of the Orlando Regional Board of Realtors, the National Association of Realtors and a licensed mortgage broker.  He has been included for many years in Who’s Who in America, Who’s Who in American Law and Who’s Who in Real Estate and Development Industries. He is also a member of the Association of Trial Lawyers of America, Real Property, Probate and Trust Law, and Business Law sections of the Florida Bar.  Mr. Pierce and Mr. Fenner are both "AV" rated in Martindale-Hubbell.  A rating reserved for lawyers whose reputation is "very high to preeminent".


Stewart D. Fenner, Jr.

EDUCATION:

• Michigan State University, Detroit College of Law, East Lansing, Michigan, 1969, J.D.
• Miami University, Miami, Florida, 1966
• Northwestern University, 1970, P.A.

JURISDICTIONS LICENSED IN:

• Florida
• Michigan
• U.S. District Court of Eastern Michigan
• U.S. District Court of Western Michigan

PROFESSIONAL MEMBERSHIPS:

• Orange County Bar Association
• The Florida Bar
• State Bar of Michigan
• Member of the Real Property, Probate and Trust Law, Business and Trial Lawyer section of the Florida Bar