The Law Offices of Hoyt & Bryan, LLC

Our brochure provides a more detailed look at how we deal with the variety of issues that we manage.

Hoyt & Bryan, LLC

Family Wealth and Legacy Counsellors

It is our mission to provide individuals & families with the knowledge, counselling and legal advice necessary to assist them in developing personal estate plans that allow them to control their assets while they are alive and well; plan for themselves and their loved ones in the event they become disabled; give what they have, to whom they want, when they want, the way they want.

About the Firm

Founded in 1999, The Law Offices of Hoyt & Bryan, LLC is located in the heart of historical Oviedo, Florida. Both Peggy Hoyt and Randy Bryan bring significant estate planning and business experience to their practice. We are members of the National Network of Estate Planning Attorneys, Wealth Counsel,the National Academy of Elder Law Attorneys, national organizations of estate planning and elder law professionals committed to one goal, the best interests for our clients.

Hoyt & Bryan, LLC is committed to being truthful with each client and providing the individual service they deserve through:

• Educational forums for individuals and their families, as well as their CPAs, financial advisors, and other trusted advisors.
• Communication with our clients and their trusted advisors regarding changes in the law and our experience through the use of newsletters, consultations, group counselling and fellowship meetings, electronic and computer media.
• Prompt, courteous service to our clients.

Estate/Life Planning

Our Estate/Life Planning practice is different from many other law firms in the area. Instead of focusing on document preparation, we focus on people planning. We focus on building trusting, long-term relationships instead of treating the estate planning process as a transaction or the client as a commodity. The foundation of our typical plan revolves around a fully funded revocable living trust. This vehicle allows clients to:

• Retain full control & full access to their assets while living
• Plan and provide for disability
• Assure continuity of control over their assets
• Efficiently transfer their estate to desired beneficiaries
• Avoid public disclosure, time delays and many of the administrative expenses associated with formal probate
• Maximize federal estate tax planning

Our trust planning practice is more than just probate-avoidance and tax planning. It is a full service, client-centered, counselling-oriented practice that offers an opportunity for all clients, regardless of asset size, to participate in the design of a tailor-made estate plan that will reflect their real hopes, dreams and aspirations.

Our goal is to provide our clients with estate plans that work. This goal is accomplished through a three-step process that includes superior counselling and design, a formal updating and maintenance program through our Estate Security Plan program, and fully disclosed fees for settlement services that result in lower overall lifetime estate planning costs.

Durable Powers of Attorney

A Durable Power of Attorney (DPOA) is a very powerful document that should not be entered into lightly. Once signed, it becomes effective immediately and gives the person you appoint to handle your affairs almost unfettered control over your assets. This power continues until you revoke it, you die or you are declared incompetent by a court of law. Nevertheless, in appropriate circumstances, and after consultation with an attorney, the DPOA can save your family expenses and heartbreak.

Probate & Estate Settlement

Dying without a Will guarantees probate. What is surprising, however, is that dying with only a Will also guarantees probate. If someone dies owning property in his or her name alone, there must be a probate proceeding to satisfy creditors and determine who is to receive the property. Probate is a court administered public process subject to mandatory rules and regulations and can take from six months to several years to complete.

A Living Trust is designed to avoid probate. However, like probate, the process of identifying assets, satisfying creditors and distributing property to beneficiaries is required. One advantage of avoiding the probate process is the ability to conduct a private (not court administered) settlement and administration of assets.

Regardless of the type of administration utilized, it is important for clients to work closely with their legal and professional advisors.

Advance Directives

Regardless of age, Advance Directives are a critical component to the Life Estate/Planning process. Under Florida law, Advance Directives include Living Wills, health care surrogate designations,also known as a health care power if attorney or health proxy, and anatomical gift declarations. A Living Will is your final expression of your legal right to refuse or accept medical treatment when you are mentally incapacitated and suffer from a medical condition with no medical probability of recovery.

A health care surrogate/power of attorney allows you to designate someone to make health care decisions for you in the event you are unable to make those decisions. Otherwise, Florida law permits a health care provider (hospital, nursing home) to appoint someone for you. This person may or may not be the person you would have chosen.

Adult Medicaid Eligibility

As our population ages, more and more people are turning to long-term care facilities (nursing homes) to provide for their health care needs. Regardless of one’s assets, the current and projected costs of nursing home care can simply devastate a family’s life savings. We take the time to educate our clients on the Medicaid process and possible alternatives that will ensure quality care, without destroying their hard-earned assets. However, if the Medicaid applicant’s income exceeds $1,536 per month (2000), The applicant will not be eligible for Medicaid. All hope is not lost, however, because a properly drafted Qualified Income Trust (a/k/a Miller Trust) will ensure Medicaid eligibility. The bottom line for Medicaid is to seek an attorney who will spend the time to educate you on the process and alternatives.

Guardianships

Unfortunately, many people do not take the necessary steps to plan for their disability. In those cases, a guardianship may be the only option available to the disabled client and their family members. When a guardianship is necessary, we will work with the family and educate them on the various types of guardianships available to ensure the least restrictive method is used. We will fully represent the guardian in preparing the required legal documents, coordinate with family members, present the case to the court and maintain an ongoing relationship to ensure efficient administration of the guardianship.

Small Business Matters

In addition to handling personal matters, we also represent a number of small business owners. We can assist small business owners with incorporation, partnership agreements, shareholder agreements, buy-sell agreements, day-to-day operations and succession and exit planning.

Real Estate

We are happy to assist you with your residential or commercial real estate matters. We can provide comprehensive advice regarding real property transactions including, but not limited to, leasing, sales, purchases, and refinances. We act as title agents for both Attorneys Title Insurance Fund, Inc. and First American Title Insurance Company.