Brazilian inheritance Lawyer in Rio de Janeiro, São Paulo and whole country of Brazil

THE NECESSITY OF ESTATE PLANNING AND WILLS

Estate planning and Wills oftentimes contain many complications. However, you can make good use of them to accomplish tax objectives that may include an individual or the entire family. A complete distribution of benefits requires a simple will. If you want to go for one trust or more, you may require an earnest trust provision in your will. No matter how simple or complex it is, the main objective of estate planning and wills is to assure that the testator’s estate plan and aims are accomplished and to endow the same for the surviving family members and underrate taxes.

If in case, an individual dies without creating a will; the state law allows whoever inherits the estate to claim the property. In the procedure of preparation of estate planning documents, this kind of upshot is avoided and also the distribution of an estate to erratic benefits.

In my many years of experience I have advised many clients in the creation of plans that will help see the client’s assets defended while taking advantage of promising tax advantages for their family.

SETTLING AN ESTATE CAN BE ANYTHING BUT SIMPLE, SO COMPREHENSIVE ESTATE ADMINISTRATION SERVICES ARE ESSENTIAL

I am aware of the fact that resolving an estate is anything but simple. My Estate Administration Services have been prepared in a way that assures the effective processing of an estate with appropriate consideration paid to the clients.

I have stood for many of my clients in Rio de Janeiro and São Paulo Surrogate’s Court trials that engrossed the disherit of wills. My Estate Administration Services have been proved to be beneficial for many administrators and executors who have been in association for many kinds of work such as paying debts, preparing estate tax, collecting estate assets, expenses and taxes, distributing estate treasures to beneficiaries and preparing accounts. Many of my clients throughout Rio de Janeiro have stayed in touch with me for the past many years with my Estate Administration Services.

WHAT HAPPENS TO DECEDENTS & THEIR ESTATES?

A decedent is someone who has died. They may, or may not have created a will before their death. A decedent’s estate can be considered a business. This type of business is run by an Administrator or an Executor who has been appointed by the court. The Administrator or the Executor is usually involved with collecting the assets of the decedent, taxes and expenses, pays the debts and allocates the whole estate to the deserving parties.

Nevertheless, the estate administration procedure differentiates from case to case on the basis of the will of the decedent. To appoint a fiduciary so as to fix the issue related to the decedent’s estate, many court proceedings are required.

The estates of the decedents differ in matter of contention, complicatedness and the size of asset. The issues that become a problem in this particular field are income or estate tax matters, decedent’s unpaid creditors, kinship disputes and many more.

I have been associated with many people who happened to be Administrators or Executors during my life experience. I work with them to help them achieve their desired goals and settle their legal issues.

WHAT DOES AN ESTATE ADMINISTRATION ATTORNEY DO?

When an individual dies, the assets of that individual should be collected, maintained and administered. However, to carry on with these tasks, an Administrator or Executor needs to be appointed. An estate administration attorney usually stands on behalf of a client to acquire the individual’s appointment as an Executor.

The estate administration attorney continues to stand on behalf of the Administrator Executor in regard to duties such as filing inventories in a timely manner, collecting assets for appraisement, clearing monies due to creditors and many more.

I have spent many years of my life working as an estate administration attorney. I spoke on behalf of many clients who were engrossed with the issues of fiduciary, estate administration and probate.

WHAT IS A POWER OF ATTORNEY?

A power of attorney (POA) is basically an authorization that allows an individual to proceed with any business or legal matter on someone else’s behalf. However, the person who is the real owner of the property and thereby authorizing this person to act on his or her behalf is called the grantor or principal. The one who has been authorized to act is called the attorney-in-fact or the agent.

Just like in many other areas of authority in Rio de Janeiro, the power of attorney is one of the vital documents that are used as part of an individual’s estate plan. This document allows protection to an individual and his or her family, by endowing an agent with the power to get involved with the financial transactions of someone else, in a situation when the actual owner of the POA is not in a state to make any move.

The power of attorney also helps in assuring that a significant decision can be made without any kind of delay or opportunities that were lost in any event.

Nonetheless, the risk factor with power of attorney is less as it cannot be used if the owner of this document does not authorize the document to any agent. Moreover, the individual who has been appointed as an agent has the burden of responsibilities on his or her shoulders. Therefore, the agent should be selected very carefully.

I have represented many of my clients in the process of preparation and utilization of the powers of attorney and generating and executing an estate plan successfully. I have also helped many clients purge situations in which an agent has breached the principles of the document and became unfaithful.

WHAT ARE THE IMPLICATIONS OF GUARDIANSHIP PROCEEDINGS?

According to Brazilian Law, a court can assign an attendant who will be responsible in managing the personal requirements and pecuniary affairs of an individual who is not in a state to control these issues due to lack of adequacy.

Inadequacy can be caused by many factors, such as accident or illness. Usually, Brazilian Law sets the processes of appealing to the court for appointing a guardian, the issues that a court has the right to consider when deciding the appointment of an attendant who can assist the inadequate individual. The Brazilian Law allows attendant implementation and accounting.

The concept of an attendant can become controversial sometimes when it comes to choosing between friends or relatives who are contesting for the requirements of an attendant. However, the inadequate individual is authorized to oppose to these proceedings if he or she wants.

The situation may arise when the needs of an attendant or guardian become a priority, especially when an individual is manipulated or victimized by someone else or a group of others.

In crisis situations, a court has the right to appoint a temporary attendant and also seize an inadequate individual’s bank accounts and other properties so as to keep them safe unless and until the court does not analyze the matter thoroughly.

I have been appointed as a Court Evaluator by courts in Rio de Janeiro and have also represented numerous clients in custody proceedings.

WHAT’S THE DEFINITION OF MENTAL INCAPACITY & HOW DOES IT IMPACT GUARDIANSHIP?

Laws consider adult individuals to understand and have the capability to make their own decisions fully with their consent, especially the decisions that concern personal as well as pecuniary needs.

Rio de Janeiro State Court analyses an individual’s functional capacity and any kind of harm that may result from an individual’s functional limitations. In any circumstance, where there is the need for an attendant, the court mostly shapes the appointment to an individual’s requirement and curbs the attendant’s powers so that he or she cannot interfere in all matters.

I have helped many clients who have needed the assistance of attendants or guardians and have also encouraged family members and my peer groups to motivate the people who are inadequate, to opt for guardianship.