Justin  Stivers

Justin Stivers

I am an experienced Florida Estate Planning and Probate attorney.
  • Probate, Estate Planning
  • Florida, Tennessee
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Biography

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a Durable Power of Attorney, a Living Will, and a Designation of Health Care Surrogate; 2) many of my clients have outdated estate plans and need to update them or are moving to Florida from another state and need to create a new plan; or 3) a loved one has died and they need to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.

Education
University of Miami School of Law
J.D. (2013)
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Appalachian State University
B.A. (2008)
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Professional Experience
Owner
Stivers Law
Current
Publications
Articles & Publications
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
Do I Really Need an Attorney to Create a Simple Last Will and Testament?
Stivers Law Blog
Does Florida Allow Me to Decant a Trust?
Stivers Law Blog
Grandparents and Gifting – Why a Living Trust May Be Best
Stivers Law Blog
How Does Getting Remarried Impact an Estate Plan?
Stivers Law Blog
Is It Possible to Challenge a Trust?
Stivers Law Blog
Is It Too Late to Benefit from Medicaid Planning?
Stivers Law Blog
What Is a Memorandum of Intent?
Stivers Law Blog
Common Medicaid Planning Myths
Stivers Law
Long-Term Care Planning Month Is a Great Time to Do Just That — Plan
Stivers Law
Do You Need to Include a Letter of Instruction in Your Estate Plan?
Stivers Law
How Can Medicaid Planning Help Protect My Assets?
Stivers Law
What Does It Mean If a Trustee Engages in “Self-Dealing?”
Stivers Law
Why You Should Consider a Professional Trustee
Stivers Law
How to Pass Down More Than Just Your Assets
Stivers Law
Why Is Incapacity Planning So Important?
Stivers Law
How Does a Bypass Trust Work?
Stivers Law
If You Have Young Children Estate Planning Is Important
Stivers Law
Do I Need an Advance Directive?
Stivers Law
Who Pays Taxes Due on Estate Assets?
Stivers Law
Choosing a Nursing Home – How to Find the Right One
Stivers Law
What Are the Benefits of a Secret Trust?
Stivers Law
What You Need to Know about a Power of Attorney
Stivers Law
Common Asset Protection Strategies
Stivers Law
How Do I Prove Lack of Testamentary Capacity in a Will Contest?
Stivers Law
Types of Special Needs Trusts
Stivers Law
Common Trusts Explained
Stivers Law
How Much Discretion Should My Trustee Have?
Stivers Law
Divorce and your Estate Plan
Stivers Law
Discussing the Details of Your Estate Plan vs. Keeping the Details Private
Stivers Law
June Is Alzheimer’s & Brain Awareness Month
Stivers Law
What Does It Mean If I Need to Submit an Estate Accounting?
Stivers Law
What Rights Do I Have as the Beneficiary of a Trust?
Stivers Law
Choosing the Right Type of Life Insurance for Your Estate Plan
Stivers Law
First Steps for a Newly Appointed Executor
Stivers Law
Non-Probate Assets and Why They Matter
Stivers Law
Why Does Liquidity Matter in Your Estate Plan?
Stivers Law
Trustee Compensation – What You Need to Know
Stivers Law
4 Common Probate Mistakes You Can Avoid Making
Stivers Law
Are your Benecifiary Designations Current?
Stivers Law Blog
What is a Grantor Retained income Trust?
Stivers Law
What Is an ILIT?
Stivers Law
Should I Take My Social Security Retirement Early?
Stivers Law
How Does Florida Rank as a Retirement Destination?
Stivers Blog
How Can I Include Charity in My Estate Plan?
Stivers Blog
How Might an Incentive Trust Fit into My Estate Plan?
Stivers Blog
SSDI and SSI – What Is the Difference?
Stivers Blog
Should I Use a Trust to Distribute My Estate?
Stivers Blog
Why Estate Planning Is Never Truly “Finished”
Stivers Blog
How to Provide for Your Children in Your Estate Plan When You Get Remarried
Stivers Blog
All Wills Are Not Created Equal
Stivers Blog
Are Trust Assets Subject to Capital Gains Taxes?
Stivers Blog
What You Need to Know about Estate Planning If You Are a Parent with Young Children
Stivers Blog
Contesting a Will in Florida – What You Need to Know
Stivers Blog
What Is Involved in Probating an Estate in Florida?
Stivers Blog
Pet Planning in Your Estate Plan
Stivers Blog
Is Your Safety Deposit Box Really a Safe Bet?
Stivers Law
Trust Administration for the New Trustee
Stivers Law
Common Estate Planning Mistakes and How to Make Sure You Do Not Make Them
Stivers Blog
Is Your Small Business Protected in Your Estate Plan?
Stivers Blog
What You Need to Know about the Florida Medicaid Estate Recovery Program
Stivers Blog
If I’m Single Without Children, Why Do I Need an Estate Plan?
Stivers Blog
Who Are My Fiduciaries and How Do I Choose Them?
Stivers Law
Incapacity Planning Using a Living Trust
Stivers Law
Elder Financial Abuse – How to Protect Yourself and Loved Ones
Stivers Law Blog
Probate Avoidance Tools and Strategies
Stivers Law Blog
How to Plan for the Possibility You Will Need Long-Term Care
Stivers Law
Double Your Gifting with Spousal Gift-Splitting
The Evolution of our Unified Estate and Gift Tax System
The Intersection of Legacy Contacts and Estate Planning
Stivers Law
Gift and Estate Tax Basics
Will You Qualify for Medicaid for Seniors in Florida?
Providing for a Child with Special Needs in Your Estate Plan
6 Important Estate Planning Steps
Affidavit of Heirs: Speed Up the Probate Process by Locating Heirs
Probate Firm
Can an Appointed Executor Turn Down the Job?
Providing for a Child with Special Needs in Your Estate Plan
Should I Use a Will or a Trust to Distribute My Estate?
What Are the Steps Involved in Probating an Estate?
What is Intestate Succession?
Health Care Surrogate: What You Need to Know
Stivers Blog
Speaking Engagements
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
Certifications
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
Awards
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
Professional Associations
The Florida Bar Association  # 109585
Member
Current
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Miami Dade Trial Lawyers Association
Member
Current
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Dade County Bar Association
Member
Current
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The Tennessee Bar Association  # 038233
Member
Current
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Financial Planning Association of Miami
Board Member
- Current
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Coral Gables Chamber of Commerce
Trustee Member
- Current
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Florida Justice Association
EAGLE Business Friend
- Current
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Jurisdictions Admitted to Practice
Florida
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Tennessee
Board of Professional Responsibility of the Supreme Court of Tennessee
ID Number: 038233
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Fees
  • Credit Cards Accepted
Practice Areas
    Probate
    Probate Administration
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Languages
  • English
  • Spanish
Legal Answers
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.
View More Answers
Websites & Blogs
Website
Blog
Videos
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 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 Know About Last Will and Testaments

3 Things to Make Your Probate Process Smoother. 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.

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 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 Reasons to use a trust to Distribute your assets

5 Ways to Avoid Probate 5 Ways to Avoid Probate.

5 Ways to Avoid Probate

Are Safety Deposit Boxes Really Safe? 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 I Completely Disinherit My Spouse?

Can there be multiple personal representatives? 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

Creating a Will in the State of Florida

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 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?

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 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 ?

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?

Does a personal representative need an Attorney?

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. 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.

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 avoid probate?

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 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 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 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 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 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 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 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 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 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 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 Provide For Your Children in Your Estate Plan When You Get Remarried

How to transfer title of a mobile home to your name after the owner dies. 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 a Will or a Trust better?

Is Your Small Business Protected in Your Estate Plan? 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.

Listing Beneficiaries on your 401k account.

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 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.

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 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 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 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?

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 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

Top 7 Most Frequently Asked Questions on Florida Probate

Trust Administration for the New Trustee. Trust Administration for the New Trustee.

Trust Administration for the New Trustee.

Update the Beneficiaries on your accounts. Update the Beneficiaries on your accounts.

Update the Beneficiaries on your accounts.

Updating your beneficiaries in 2022. Updating Your Beneficiaries in 2022.

Updating your beneficiaries in 2022.

What are non-probate assets? 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 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 are the Requirements for Being a Personal Representative in Florida?

What happens when you have a probate going on and cannot locate one of the heirs? 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 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 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 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 Access Trust?

What is a Family Sentry Trust? What is a Family Sentry Trust?

What is a Family Sentry Trust?

What is a Guardianship? What is a guardianship?

What is a Guardianship?

What is a Lady Bird Deed ? 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 Notice to Creditors?

What is a Settlor? 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 Small Estate Affidavit and What Do I Need to Know?

What is a Will Contest? 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 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 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?

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?

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?

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 Get's Your Personal Property After You Pass?

Who Should I Choose as My Personal Representative? Who Should I Choose as My Personal Representative?

Who Should I Choose as My Personal Representative?

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 – estate liquidity. The Coral Gables estate planning attorneys at Stivers Law explain why liquidity may matter in your estate plan. 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 – estate liquidity. The Coral Gables estate planning attorneys at Stivers Law explain why liquidity may matter in your estate plan.

Why Estate Planning is Never Truly Finished. Why Estate Planning is Never Truly Finished.

Why Estate Planning is Never Truly Finished.

Contact & Map
Stivers Law
110 Merrick Way
Suite 2C
Coral Gables, FL 33134
Telephone: (305) 456-3255
Monday: 9 AM - 5 PM
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM
Thursday: 9 AM - 5 PM
Friday: 9 AM - 5 PM
Saturday: Closed
Sunday: Closed (Today)