Carl Schuster
TRUSTS & ESTATES

Ruden McClosky's Trusts and Estates practice provides a full range of legal services and is one of the largest law firm trust departments in Florida. Many of the partners in this practice area are either certified in Wills, Trusts and Estates Law under the Florida Bar Certification Program or have an advanced degree in Tax.

We counsel clients in techniques for conserving, managing and transferring wealth, and minimizing income, gift, estate and generation-skipping transfer taxes, whenever possible. This includes transferring all types of property interests, including sole and family proprietorships, closely held corporations, real estate, partnerships, intellectual property rights, employee benefits and other investments.

Many of the Firm's clients include charities as an integral part of their income, gift and estate tax planning. Our attorneys assist them in planning and establishing foundations and charitable trusts (both charitable lead trusts and charitable remainder trusts). We also represent charitable organizations in connection with the receipt of gifts and bequests, as well as in their administrative affairs, including issues regarding formation.

Some of our specific areas of experience include:
* Basic Estate Planning: preparation of Last Will & Testament, Revocable Trust (if appropriate), Designation of Healthcare Surrogate, Living Will, Designation of Pre-Need Guardian and Durable Power of Attorney
* Estate Planning and Tax Planning for Non-Citizens
* Estate Planning and Tax Planning for Domestic Partners
* Asset Protection Planning
* Estate, Gift and Income Tax Planning, Return Preparation and Audit Representation
* Post-Mortem Estate and Income Tax Planning, Return Preparation and Audit Representation
* Sophisticated Estate Planning: Family Limited Partnerships (“FLP”s), Intentionally Defective Grantor Trusts (“IDGT”s), Qualified Personal Residence Trusts (“QPRT”s), Grantor Retained Annuity Trusts (“GRAT”s), Special Needs Trusts, Qualified Domestic Trusts (“QDOTS”) and Pet Trusts
* Philanthropic Planning: Private Foundations, Charitable Remainder Trusts, Charitable Lead Trusts, Public Charities and endowments
* Judicial Modification, Termination or Decanting of Irrevocable Trusts
* Irrevocable Life Insurance Trusts – including preparation of Crummey letters and appointment as trustee upon request
* Guardianship – establishment and administration
* Probate of taxable and non-taxable estates – including estate tax return (Form 706) preparation and audit representation, and assistance in elective share matters
* Trust administration, settlement and final distribution
* Tax representation of individuals, trusts, estates, corporations and charities
* Representation of Trustees, Personal Representatives and Guardians (“Fiduciaries”) and Beneficiaries in Probate, Trust and Guardianship Litigation
* IRA Planning: integration IRAs and qualified plans into the estate plan, post-mortem planning including use of qualified disclaimers, distributions and other techniques
* IRA Compliance: represention several financial institutions as outside counsel on IRA matters
* Investment of IRAs in Real Estate, LLCs and Alternative Investments: determining whether a proposed transaction is prohibited, assistance in structuring the investment, and set up of IRA LLC if appropriate
* Preparation of Qualified Domestic Relations Orders (“QDRO”s), as well as court documents needed to divide an IRA in divorce proceedings.
* Preparation and review of Prenuptial, Postnuptial and Cohabitation Agreements and coordination with estate plan for married and unmarried couples
* Legal Opinions on all Trusts and Estates matters

Planning for the entire family is a growing concern of many clients. We advise clients on the use of multi-generational, spendthrift trusts and other vehicles to protect assets. In addition, we also negotiate and draft pre-nuptial and post-nuptial agreements, as well as assist in planning for property division incidental to a divorce.

The Firm has attorneys who concentrate in Probate & Trust Administration and Litigation. Our attorneys have settled very substantial estates with complex legal and tax issues. Also, we have been lead counsel in many cases that were decided by the Florida Supreme Court or have been of legal significance in the field of Trusts and Estates Law.

When our clients legal needs require advice in other practice areas, we work closely with attorneys throughout the Firm in drafting corporate and contractual documents and other matters related to estate planning. We regularly work with lawyers in our Tax, Real Estate, Litigation, Creditor's Rights and Corporate practice areas. In addition, we consult with other advisors retained by our clients, such as accountants, bankers and insurance professionals.

GUARDIANSHIP

Ruden McClosky's Guardianship Practice Group provides a full range of services to those individuals who seek to be appointed a guardian under Florida law and to those who choose to contest the appointment of someone as guardian. Our attorneys have extensive administrative and litigation experience in this area and can help ensure that a proper guardian is found for each individual.

When a person becomes incapacitated, if there has been no prior incapacity planning, and the person is not able to care for himself/herself, the probate courts become involved and the judges oversee all aspects of the incapacitated person's life (including the person's care as well as his/her finances). This legal proceeding is known as a guardianship. There are guardianships for both the elderly who are not able to care for themselves and for minors (i.e. those under 18 years of age in Florida). Normally the mother and father of a child are considered his/her natural guardians. Under Florida law, the natural guardians are authorized to receive settlements, devises, and distributions on behalf of the minor if the net payment is $15,000 or less. However, if the minor receives more than $15,000 a judicially supervised guardianship must be created.

Judicially supervised guardianships are subject to rigid statutory and procedural requirements. With the assistance of Ruden McClosky attorneys who have significant experience in the field, a guardian may satisfy these strict guidelines. Specifically, the Guardianship Practice Group can assist you in the following areas:
* Petition to Determine Incapacity
* Petition for Appointment of Guardian
* Preparation of Initial Plan and Inventory
* Preparation of Annual Plans and Annual Accountings
* Establishment of Annual Budgets
* Guardianship Administration

While many proceedings to determine whether an individual is incapacitated and whether a guardian should be appointed are not vigorously contested, occasionally these proceedings do become adversarial. Before an order determining incapacity has been issued by the Probate Court, the individual who is the subject of the proceeding is entitled to challenge the allegations of incapacity. The Probate Court is required to appoint an attorney to represent the interests of the individual. In addition, the individual is also entitled to retain a private attorney. The party seeking an order of incapacity requires an attorney to secure evidence of incapacity and to present such evidence to the Probate Judge and/or General Master. Contested incapacity proceedings involve discovery, motion practice, and ultimately an evidentiary hearing before the Court.

If the Court determines that the individual is incapacitated, the next issue to be addressed is who should be appointed as guardian. This issue can also be litigated, with various parties presenting arguments and evidence regarding the suitability of the party/parties seeking to be appointed guardian. Even after the Court has decided upon a guardian, the assistance of an attorney with guardianship experience is necessary. The guardian is required to adhere to strict statutory and procedural mandates, including the preparation of fiduciary accountings of all assets over which the guardian has control. Litigation arises regarding whether the guardian is properly caring for the incapacitated ward and/or the ward's assets.

In this area, the Guardianship Practice Group can assist you in the following areas:
* Contested Determination of Capacity
* Contested Appointments of Guardians
* Guardianship Related Litigation

We understand that you may require a team of advisors in non-legal fields. Therefore, we offer our clients access to our network of contacts and other resources including accountants and investment advisors.

Fellow - American College of Trust & Estate Counsel

Carl Schuster
Ruden, McClosky, Smith, Schuster & Russell PA
200 E Broward Blvd #1500
Fort Lauderdale FL 33301
Tel: 954 527-2421
Fax: 954 333-4021
E-mail: carl.schuster@ruden.com

Areas of Practice
* GUARDIANSHIP
* TRUSTS & ESTATES
* Administration
* Planning

Industries
* Foundations and Nonprofit Entities

Mr. Schuster currently serves as President and Managing Director of the Firm.

Mr. Schuster concentrates his practice area in general estate planning, preparation and administration of wills, trusts and estate and gift tax planning, including charitable transfers. He has performed the described services for numerous clients throughout his career, but has extensive experience in dealing with elderly persons and others with special estate planning problems who need innovative approaches to accomplish their goals.

Mr. Schuster has been recognized in Florida Super Lawyers 2006-2009, Best lawyers In America 2006-2010, and is AV® rated by Martindale-Hubbell.
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