What we do.
Three practice areas the firm accepts work in. Every engagement is attorney-led from the first call.
Brief our team
Trusts & Estates.
Trusts that provide for family and carry wealth forward.
Asset Protection.
Trusts and entities, in place before a liability occurs.
Wills & Estate Administration.
From drafting the will to final distribution.
Fiduciary Advisory.
Counsel for trustees on their duties.
Fiduciary Litigation.
Representing beneficiaries when a trustee does not follow the trust.
Provide for family. Pass it on with guidance.
Trusts and trust creation are an important way for a family to provide for family members, pass on wealth, protect their wealth, and provide continuing guidance as assets move from one generation to another.
Special Needs Trusts allow a person with a disability to hold and receive financial resources without losing vital, means-tested government benefits like Medicaid or Supplemental Security Income (SSI).
Asset Protection
Assets placed in the trust are no longer yours, so they are heavily shielded from personal creditors, lawsuits, bankruptcy, or a divorcing spouse. This is ideal for high-risk professions like doctors and lawyers.
Estate Tax Reduction
Assets inside the trust are removed from your taxable estate, which lowers its total value and helps avoid or minimize federal and state estate taxes.
Probate Avoidance
Property and funds in the trust bypass the slow, costly, and public probate court process, so beneficiaries receive distributions faster.
Privacy
Because it skips probate, the details of your wealth, assets, and beneficiaries do not become part of public court records.
Medicaid & Benefits
Transferring assets into specific irrevocable trusts, such as a Special Needs Trust, can help a person with a disability qualify for Medicaid or SSI without losing financial support.
We help clients create legally valid and enforceable last wills and testaments that accurately reflect their wishes, protect their heirs, and reduce the potential for future disputes.
Services include
- Initial consultation to assess your assets, family structure, and estate planning goals
- Simple wills, pour-over wills, and wills with testamentary trust provisions
- Designation of personal representatives (executors) and successor alternates
- Guardianship provisions for minor children or dependents with special needs
- Specific bequests, residuary estate distributions, and conditional legacies
- Tax-aware drafting to reduce federal and state estate tax exposure
- Coordination with beneficiary designations, joint ownership, and other non-probate transfers
- Execution formalities that comply with applicable state law
- Periodic review and amendment (codicils) as life circumstances change
Trust types handled
- Revocable living trusts for probate avoidance and centralized asset management
- Irrevocable trusts for asset protection, Medicaid planning, and estate tax reduction
- Special Needs Trusts to preserve government benefit eligibility
- Charitable Remainder Trusts (CRTs) and Charitable Lead Trusts (CLTs)
- Spendthrift trusts to protect beneficiaries from creditors and imprudent spending
- Generation-skipping trusts (GSTs) for multi-generational wealth transfer
- Testamentary trusts established through a will
- Pet trusts for the ongoing care of companion animals
Additional services
- Funding assistance: transferring assets into the trust so it operates as intended
- Trustee selection guidance, including individual vs. institutional trustees
- Trust protector provisions and decanting rights where appropriate
- Amendment and restatement of existing trust documents
We guide personal representatives, trustees, and beneficiaries through every phase of estate administration, from the initial filing of the will to the final distribution of assets, with a focus on efficiency, legal compliance, and family harmony.
Services include
- Probate filing, publication of notice to creditors, and court filings
- Asset inventory, appraisal, and valuation of estate property
- Identifying, notifying, and communicating with heirs and beneficiaries
- Payment of valid debts, taxes, and expenses of administration
- Coordination of federal and state estate tax returns
- Accountings and inventories for court or beneficiary approval
- Asset liquidation, transfers, and re-titling for distribution
- Resolution of creditor claims, tax liens, or contested interests
- Small estate and summary administration for qualifying estates
- Ancillary probate for out-of-state real property
- Final distribution and court discharge of the personal representative
Protection works only if it is in place first.
Asset protection involves legally using trusts in combination with corporate entities to protect your assets and the assets of your children. It is paramount to have these structures in place and fully funded before any liability occurs.
An Irrevocable Trust used together with a Limited Liability Company or a Family Limited Partnership can isolate family assets from personal creditors by separating management control from economic ownership.
Contract drafting & review
- Operating agreements, partnership agreements, and shareholder agreements
- Service, independent contractor, and consulting agreements
- Real estate purchase and sale agreements, leases, and option contracts
- Non-disclosure, non-compete, and non-solicitation agreements
- Loan agreements, promissory notes, and security agreements
- Settlement agreements and releases of claims
- Review and redline of third-party contracts to identify unfavorable terms
Contract disputes
- Breach of contract claims and defenses
- Fraud, misrepresentation, and fraudulent inducement claims
- Specific performance and injunctive relief
- Unjust enrichment and quasi-contract claims
- Damages assessment, including consequential and punitive damages
- Pre-litigation demand letters and negotiation
- Mediation, arbitration, and trial representation
Know the duties. Act on them with confidence.
A trust consists of a trustee, a governing trust document, beneficiaries or different classes of beneficiaries, and assets. Once a trust is formed, fiduciary duties attach to the trust and the trustee as a matter of state law. Trustees need to understand those duties and act in accordance with them as they administer the terms of the trust document.
Mr. Falcon advises trustees on their fiduciary duties, including in difficult situations where fiduciary duty requires a trustee to act for the benefit of the beneficiaries or to properly follow the terms of the trust document.
He has also represented beneficiaries in disputes where the trustee has not abided by the terms of the governing trust document, or where there has been a breach of fiduciary duty.
Fiduciary duties attach to a trust and its trustee as a matter of state law.
Loyalty, prudence, impartiality, and the duty to inform are among them. We help trustees meet each one, and document that they did.
Advisory services include
- Explanation of fiduciary duties: loyalty, prudence, impartiality, and the duty to inform
- Investment guidance frameworks consistent with the Uniform Prudent Investor Act
- Trust accounting standards and reporting obligations to beneficiaries
- Discretionary distribution decisions: standards, documentation, and best practices
- Trustee succession planning and resignation procedures
- Conflict of interest analysis and self-dealing prohibitions
- Co-trustee coordination and dispute resolution
- Guidance for guardians and conservators on court reporting requirements
- Review of accountings, inventories, and investment portfolios for legal compliance
- Proactive risk management to reduce personal liability exposure
Matters handled
- Will contests based on lack of capacity, undue influence, fraud, or forgery
- Trust contests challenging validity, amendment, or revocation
- Breach of fiduciary duty claims against trustees, executors, and personal representatives
- Trustee removal and surcharge proceedings
- Accounting disputes and objections to fiduciary accountings
- Contested distribution disputes among beneficiaries
- Creditor claims against estates and trusts
- Resulting and constructive trust claims
- Elder financial abuse and undue influence actions
- Guardianship and conservatorship disputes
- Mediation and alternative dispute resolution in fiduciary matters
- Appellate representation in probate and trust proceedings
The scope of services above is a general description of the legal services available and does not guarantee any particular outcome. Specific services are confirmed in a separate written engagement agreement or retainer letter between the attorney and each client. Attorney-client representation begins only when that agreement is signed.
All matters are handled in compliance with the applicable Rules of Professional Conduct. The firm keeps client information confidential, manages conflicts of interest under its ethical obligations, and communicates regularly with clients about the status of their matters. For a consultation, contact [email protected].
Get started
The first conversation clarifies everything.
Tell us about your family and your goals. We will tell you plainly which structures make sense, and if we are not the right fit, we will say that too.
621 NW 53rd Street, Ste 125 · Boca Raton, FL 33487