Justin Stivers
I am an experienced Florida Estate Planning and Probate attorney.
My name is Justin Stivers, and I am an experienced Estate Planning and Probate attorney practicing in the states of Florida and Tennessee. Most of my clients hire me for one of the following reasons: 1) they want to create an estate plan which includes a Trust, a Last Will and Testament, a Durable Power of Attorney, a Living Will, and a Designation of Health Care Surrogate; 2) many of my clients have outdated estate plans and need to update them or are moving to Florida from another state and need to create a new plan; or 3) a loved one has died and they need to administer their estate either through a Probate or Trust Administration process.
Something you should know about me is that I LOVE what I do. I have the opportunity to work with individuals from all stages of their life. I work with young families who have minor children that want to make sure their kids are protected should anything happen to them. As their children get older and the parents start to accumulate more assets, they become more concerned about making sure their assets are protected and that they pay as little in taxes as possible. And then as they begin to retire, they are concerned with making sure their hard-earned wealth and personal legacy is transferred to the next generation. It is such a joy to work with a family over the years and see them grow and prosper.
Ultimately, as the older generation passes away, we help their kids and grandkids administer their estate through the Probate or Trust Administration process. Those kids and grandchildren then become our clients. It is a blessing to be a part of the families lives for so many years.
I am also blessed to work with an amazing Team. I could not do what I do without the great people who work at Stivers Law. From the person who answers the phone to the attorney drafting the plan, my Team is dedicated to providing our clients with the best possible experience.
- University of Miami School of Law
- J.D. (2013)
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- Appalachian State University
- B.A. (2008)
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- Owner
- Stivers Law
- Current
- How Estate Planning Can Protect Unmarried Couples
- Stivers Law Blog
- 5 Reasons to Make Sure You Do Not Leave Behind an Intestate Estate
- Stivers Law Blog
- Can I Get Social Security Benefits Based on My Deceased Spouse?
- Stivers Law Blog
- Charitable Gifting and Your Estate Plan
- Stivers Law Blog
- Do I Qualify for Veterans Aid and Attendance?
- Stivers Law Blog
- Legacy Wealth Planning - Why Most Estate Plans Fail and What to Do About It, Zoom
- Stivers Law
- What Personal Injury Attorneys MUST Know about Representing the Disabled Plaintiff
- Estate Planning for Realtors
- Coldwell Banker
- Probate and Estate Planning 101
- Probate for Realtors, Probate and Estate Planning for Realtors
- Series 65
- Florida Offices of Financial Regulation
- Real Estate Broker
- Florida Department of Business and Professional Regulation
- 2-15 Resident Health & Life (Including Annuities & Variable Contracts) Agent License
- Florida Department of Financial Services
- AV Preeminent Rated
- Martindale-Hubbell
- Client Champion Gold
- Martindale-Hubbell
- Rising Star
- Superlawyers
- Young Alumni Award
- University of Miami School of Law
- Florida Legal Elite
- Legal Trend
- Dade County Bar Association
- Member
- Current
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- The Florida Bar Association # 109585
- Member
- Current
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- Miami Dade Trial Lawyers Association
- Member
- Current
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- The Tennessee Bar Association # 038233
- Member
- Current
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- Coral Gables Chamber of Commerce
- Trustee Member
- - Current
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- Financial Planning Association of Miami
- Board Member
- - Current
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- Florida Justice Association
- EAGLE Business Friend
- - Current
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- Florida
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- Tennessee
- Board of Professional Responsibility of the Supreme Court of Tennessee
- ID Number: 038233
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- Credit Cards Accepted
- Probate
- Probate Administration
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- English
- Spanish
- Q. My mom passed away in Florida with a Will and beneficiaries listed on all financial accounts. Is probate required?
- A: Sorry to hear about the passing of your mother. If there are beneficiaries, then probate for those assets are likely not necessary. For example, if someone is listed as a beneficiary on the bank account, that person could just go to the bank and withdraw the money (after filling out the appropriate paperwork). So if there are beneficiaries, then probate is probably not necessary. However, if there are not beneficiaries, and all there is is a Will, then probate might be necessary. Having a Will does not avoid probate.
- Q. What’s the statue of limitation on life insurance
- A: Have you contacted the life insurance company? Was a guardianship opened on your behalf? If so, money was probably released into the guardianship account. I would need more information to give a proper answer.
- Q. if 4 heirs agree to sign affidavits to give a house to 1 heir can the court make them sell the house at market value?
- A: If I understand you correctly, there are a total of four heirs who are going to receive a home from a probate estate. Three of the heirs want to give the home to one of the heirs. Assuming that is correct, then no, I don't believe a judge would require you to sell the house a fair market value. You would have the heirs sign waivers and then put in the Petition to Determine Homestead or the Petition to Transfer Real Property that three of the heirs are assigning their rights to the one heir. This should not be an issue.
3 Things to Ask a Probate Attorney Before You Hire Them.
3 Things to Ask a Probate Attorney Before You Hire Them.
3 Things to Know About Last Will and Testaments
3 Things to Know About Last Will and Testaments
3 Things to Make Your Probate Process Smoother.
3 Things to Make Your Probate Process Smoother.
3 Things You Should Do To Make Sure Your Pets Are Protected After You Pass.
3 Things You Should Do To Make Sure Your Pets Are Protected After You Pass.
5 Common Estate Planning Mistakes and How to Avoid Them
5 Common Estate Planning Mistakes and How to Avoid Them
5 Reasons to use a trust to distribute your assets
5 Reasons to use a trust to Distribute your assets
5 Ways to Avoid Probate.
5 Ways to Avoid Probate
Are Safety Deposit Boxes Really Safe?
Are Safety Deposit Boxes Really Safe?
Can I Completely Disinherit My Spouse?
Can I Completely Disinherit My Spouse?
Can there be multiple personal representatives?
Can there be multiple personal representatives?
Creating a Will in the State of Florida
Creating a Will in the State of Florida
Do I have to be the Exector of someone's Will if I don't want to?
Have you been named as the Executor or Personal Representative of someone's estate? What happens if you decide you don't want to take on this task?
Do I Need to Update My Will When I Move?
Have you recently moved from one state to another? If you did your estate plan in your previous state, it might be time to update your Will.
Do you have to pay the credit card bills of someone who passed away ?
Do you have to pay the credit card bills of someone who passed away?
Does a personal representative need an Attorney?
Does a personal representative need an Attorney?
Estate Planning for Parents with Minor Children.
What you need to know if you have minor children and want to make sure they are protected should anything happen to you as the parent.
Getting Money Out of a Loved One's Bank Account After They Pass Away.
Getting Money Out of a Loved One's Bank Account After They Pass Away
How Can I Avoid Probate?
How can I avoid probate?
How can I include charity in my Estate Plan ?
How can I include charity in my Estate Plan? These are some useful tips in case you are planning to include charity in your Estate Plan.
How do I Know if Probate is Necessary?
How do I Know if Probate is Necessary?
How do I Transfer a Car's Title Into My Name After The Owner of the Car Dies.
How do I Transfer a Car's Title Into My Name After The Owner of the Car Dies
How do I transfer my bank accounts into my trust?
How do I transfer my bank accounts into my trust?
How Do You Do a Probate in Florida if you Live in Another Country or State ?
How Do You Do a Probate in Florida if you Live in Another Country or State ?
How do you find a missing Will?
How do you find a missing Will?
How homestead property is inherited by a surviving spouse and adult children in Florida ?
How homestead property is inherited by a surviving spouse and adult children in Florida ?
How Long Do You Have to File a Claim Against an Estate?
How Long Do You Have to File a Claim Against an Estate?
How to Get Access to a Loved One's Apple Account After They Pass Away ?
How to Get Access to a Loved One's Apple Account After They Pass Away
How to protect your children's inheritance from divorce.
How to protect your children's inheritance from divorce.
How to Provide For Your Children in Your Estate Plan When You Get Remarried.
How to Provide For Your Children in Your Estate Plan When You Get Remarried
How to Transfer a Mobile Home to Your Name After the Owner Dies.
How to transfer title of a mobile home to your name after the owner dies.
Is a Will or a Trust better?
Is a Will or a Trust better?
Is Your Small Business Protected in Your Estate Plan?
Is Your Small Business Protected in Your Estate Plan?
Listing Beneficiaries on your 401k account.
Listing Beneficiaries on your 401k account.
Overview of the Florida final Accounting and Probate distribution process
Overview of the Florida final Accounting and Probate distribution process. Main Steps: 1. Beneficiaries agree to final accounting 2. Fees are paid to the personal representative 3. Distributions are made to the beneficiaries 4. Beneficiaries sign receipts 5. Judge closes probate
Providing for a Child With Special needs In Your Estate Plan.
Providing for a Child With Special needs In Your Estate Plan
Should I List Beneficiaries on All my Accounts?
Should I List Beneficiaries on All my Accounts?
Should I put all of my assets into a Trust?
Should I put all of my assets into a Trust?
Should I put my cars in my Will?
Should I put my cars in my Will?
Should I put my cars in my Will?
Should I put my cars in my Will?
Should I put my rental properties in a Trust?
Should I put my rental properties in a Trust?
The Importance of Doing an Estate Plan If You Have Young Kids
The Importance of Doing an Estate Plan If You Have Young Kids
The Importance of Doing an Estate Plan If You Have Young Kids
The Importance of Doing an Estate Plan If You Have Young Kids
Top 7 Most Frequently Asked Questions on Florida Probate
Top 7 Most Frequently Asked Questions on Florida Probate
Trust Administration for the New Trustee.
Trust Administration for the New Trustee.
Update the Beneficiaries on your accounts.
Update the Beneficiaries on your accounts.
Updating Your Beneficiaries in 2022.
Updating your beneficiaries in 2022.
What are non-probate assets?
What are non-probate assets?
What Are the Different Types of Wills?
What are the different types of Wills?
What are the Requirements for Being a Personal Representative in Florida?
What are the Requirements for Being a Personal Representative in Florida?
What happens if I cannot locate an heir?
What happens when you have a probate going on and cannot locate one of the heirs?
What happens if you can't locate the Heirs?
What happens if you can't locate the Heirs?
What happens to my pet after I pass?
What happens to my pet after I pass?
What happens when brothers and sisters disagree during a Probate in Florida ?
What happens when brothers and sisters disagree during a Probate in Florida?
What is a Family Access Trust?
What is a Family Access Trust?
What is a Family Sentry Trust?
What is a Family Sentry Trust?
What is a guardianship?
What is a Guardianship?
What is a Lady Bird Deed ?
What is a Lady Bird Deed ?
What is a Notice to Creditors?
What is a Notice to Creditors?
What is a Settlor?
What is a Settlor?
What is a Small Estate Affidavit and What Do I Need to Know?
What is a Small Estate Affidavit and What Do I Need to Know?
What is a Will Contest?
What is a Will Contest?
What is Involved in Probating an Estate in Florida?
What is Involved in Probating an Estate in Florida?
What is the Difference between the Living Will and a Health Care Surrogate?
What is the Difference between the Living Will and a Health Care Surrogate?
What is the Difference between the Living Will and a Health Care Surrogate?
What is the Difference between the Living Will and a Health Care Surrogate?
What's the Difference Between an Executor and a Trustee?
What's the Difference Between an Executor and a Trustee?
Where is the probate done if the person had a house in Florida but lived in another state?
Where is the probate done if the person had a house in Florida but lived in another state?
Which Assets are Required to Go Through Probate?
Which Assets are Required to Go Through Probate?
Who Get's Your Personal Property After You Pass?
Who Get's Your Personal Property After You Pass?
Who Should I Choose as My Personal Representative?
Who Should I Choose as My Personal Representative?
Why does liquidity matter in your estate plan?
Why does liquidity matters in your Estate Plan? Estate planning often involves creating a complex plan that achieves a wide range of inter-connected goals. Your estate assets are usually at the center of that comprehensive plan. While you may be focused on amassing as many assets as possible, you could be overlooking another important aspect of estate planning
Why Estate Planning is Never Truly Finished.
Why Estate Planning is Never Truly Finished.