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The Professional Path with Common Sense

Kellean Kai Truesdell, J.D., LL.M.

ATTORNEY & COUNSELOR AT LAW

Estate Planning & Documents  -  Elder Law  -  Administration

Schedule

Our online scheduling program should be used by current and prospective clients whenever possible. Scheduling reduces costs, prevents delays, increases efficiency and effectiveness. The informal dropping-in with the expectation of meeting with Attorney Truesdell is an unrealistic expectation with the white-glove nature and maturity of the practice.  

The Law Firm's support staff cannot provide legal advice.

All incoming calls are answered and logged by the auto-attendant and returned within 24 hours by an assigned support staff member during normal business hours. Caller ID will capture all incoming calls; however, those who hang up without leaving a message will not be called back.

We strongly encourage the use of our online scheduling program; for scheduling telephone calls (consultations) only.

  • The scheduling program is "ONLY" telephone consultations.

  • The scheduling program is not to be used to schedule in person office consults.

  • those who set a scheduled a telephone call and show up at the office should not expect assistance as the law firm makes full use of mobile technology in order to facilitate the needs of those clients with immediate needs.

Services

Estate Planning Documents

Attorney Truesdell has prepared several hundred thousand documents for thousands of clients over the years. These documents include, but are not limited to: 

  • Simple Wills
  • Complex Wills
  • Pour-Over Wills
  • Amendments to Wills
  • Living Wills
  • Revocable Trusts
  • Amendments to Trusts
  • Health Care Advance Directives
  • Durable Financial Powers of Attorney
  • Pre-Need Guardian Affidavits
  • Irrevocable Trusts
  • Medicaid Income Trusts
  • Special Needs Trusts
  • Generation-Skipping Dynasty Trusts
  • Life Insurance Trusts
  • Credit Shelter Trusts
  • Grantor Retained Annuity Trusts 
  • Charitable Remainder Trusts
  • Charitable Lead Trusts
  • Qualified Personal Residence Trusts
  • Private Foundations
  • Qualified Domestic Trusts
  • Family Limited Partnerships

Administration: Probate, Trust, Life Care

Attorney Truesdell is available to personally serve her clients as the primary of contingent (Agent, Representative, and/or Trustee) in the following capacities:

  • Trust Administration
    • Successor Trustee
    • Co-Trustee
    • Supervisory Trustee
    • Delegated Duty Trustee
    • Special Needs Trustee
    • Counsel to Trustee
    • Pet Trustee
  • Probate Administration
    • Disposition Without Administration
    • Summary Administration
    • Full Administration 
    • Personal Representative
    • Counsel to Representative
  • Life Care Administration
    • Durable Power Agent
    • Health Care Agent
    • Living Will Agent
    • Personal Care Supervision & Oversight
    • Comprehensive Life Care

Additional: Planning, Counseling, Management

Attorney Truesdell is available to assist with the following:

  • Comprehensive Estate Management
  • Real Estate Management
  • Personal Property Sale, Transfer, and Disposal
  • Residential Restoration Oversight 
  • Elder Law & Litigation Oversight
  • Confidential Trustee Services
  • Asset Protection
  • Asset Preservation
  • Wealth Transfer
  • Federal Transfer Tax
  • Long-Term Care 
  • Medicaid 
  • Insurance
    • Policy Analysis
    • Litigation Support
  • Securities
    • Analysis & Litigation Support
    • Suitability & Churning 

Estate Planning, Elder Law, Asset Protection Planning

Kellean Kai Truesdell, J.D., LL.M. is a licensed and practicing attorney in the State of Florida since 1992 (Florida Bar), with an advanced degree in Estate Planning (LL.M), from the University of Miami School of Law.  

The Law Firm is often asked: "What is the difference between estate planning, elder law, and asset protection planning?"  First, marketing and sales has a lot to do with some using terminology that makes what one does sound special.  This is our view of the way it is.  Estate Planning encompasses the preparation of documents that will facilitate the wishes of a client when deceased or disabled.  It also includes probate and trust administration.  A natural subset of estate planning is the planning for the protection of assets.  Depending upon value and characterization, this can be complex or simple.  Elder law is also a subset of estate planning and is merely the knowledge of those laws, rules, and regulations that apply specifically or more so, to those who are age 62 and older and/or physically, emotionally, or intellectually challenged.  The Law Firm's holistic estate planning approach means the physical, emotional, intellectual, relationships, and financial position, conditions, and complexities of each client is unique.  We strive to understand each component in order to maximize the opportunity for client goal achievement; while accepting that limited disclosure on the part of a client is not unusual. 

Process

The following is a list of online material available upon request. Passwords reset periodically. Contact the Law Firm for access. 

New Client Intake Form

This password protected page of the website must be completed prior to the initial consultation.  The process of becoming a client of the Law Firm is well established and refined with many years of specialized experience and limited practice. 

Existing Client Updates

The recommended process for estate document updates is as follows:

  • Use the contact form to express your wishes.
  • Be as specific as possible.
  • Use plain English while avoiding legal language.
  • Use the online scheduling program to schedule a telephone consultation in order to review the changes.

The Truesdell Florida Estate Planning Workshop

Approximately 15,000 people attended the Living Trust Reality Workshop [The Truesdell Florida Estate Planning Workshop] between 1992 and 2012.  The overwhelming majority of those attending became clients. The workshop was used in lieu of a free consultation. The Law Firm has never offered free consultations and no longer offers in-person seminars or workshops. Following the initial consultation [appointment] additional educational/informational resources are provided as necessary at no additional cost. 

Probate & Trust Administration

The Law Firm can only deal with those who are properly named in the documents of the deceased.  Those who are not named or who are named as secondary or tertiary Personal Representative or Successor Trustee should contact the primary individual(s) named. Due to the unique situation of each probate and trust administration matter, the Law Firm will send appropriate materials and instructions once notified by the primary Personal Representative and/or Successor Trustee. 

Named Successors: Agent, Representative, Trustee

If you are named as a successor agent, representative, or trustee, you are personal liability for the duties, and responsibilities that you have been entrusted.  

  • Agent: Those named in a Living Will, Health Care Power of Attorney, and/or Financial [Durable] Power of Attorney are referred to as agents. 
  • Representative: Those named as the Personal Representative (known in many states as the Executor or Executrix) of the Will (or Pour-Over Will if the client of the firm has a Living Trust) is responsible for probating those assets [if any] that require probate.
  • Trustee: Those named as the Successor Trustee of a Revocable Living Trust [also known as a Family Living Trust] or Irrevocable Trust are responsible for following the terms and conditions of the trust, which is a contract between the Grantors and Trustees of the Trust, for the benefit of the Beneficiaries of the Trust.  

Beneficiary Inquiry

  • If you are not named as the primary successor Agent, Representative, or Trustee, then any and all calls received by the Law Firm will be directed to the primary named Agent, Representative, or Trustee.
  • Regardless of how many times you call, the Law Firm will not speak with anyone under any circumstance regarding the physical, emotional, intellectual, relationship or financial status of a client or client's estate, unless authorized to do so.
  • The attorney–client privilege is one of the oldest recognized privileges for confidential communications and is practiced without exception by the Law Firm. 

Medicaid & Asset Protection

Medicaid and asset protection planning is a part of the estate planning process.  The Law Firm has extensive experience and strongly encourages all clients to avoid those who are engaged in the unlicensed practice of law by way of Medicaid Planning; which often is nothing more than selling "Medicaid Friendly Annuities."  Florida Bar News   On April 10, 2015, the Florida Supreme Court ruled that it is considered the Unlicensed Practice of Law (UPL) for Medicaid planners who are not lawyers to engage in Medicaid planning activities. Other than licensed attorneys, all nonlawyer Medicaid planners who advise Florida Medicaid applicants regarding the structuring of income and assets in order to become eligible for Medicaid benefits are practicing law without a license. WARNING: UPL is a third degree felony in Florida, punishable by up to five years in prison. Use the contact form and online scheduler to engage the services of the Law Firm.

 

Comprehensive Life Care & Personal Care Supervision and Oversight

A Truesdell Law Life Care Plan is a bullet point action plan for those who need comprehensive life care planning, supervision, and oversight. The following are events / indicators for professional life care management planning:

  • Inability to recall physician’s advice and orders
  • Confusion regarding medication administration
  • Continuous and repetitious seeking of support for same issues
  • Forgetting to pay bills, resulting in services being terminated
  • Delinquent or unpaid property taxes or non-filed returns
  • An uncharacteristic surge in charitable donations
  • Inability to eat properly, prepare or obtain food
  • Development of a medical crisis that threatens independence, i.e. broken hip
  • Insurance company’s denial of needed treatments or services
  • Lack of understanding related to medical bills and insurance contributions
  • Identification of service providers not adequately providing necessary services
  • Repeated hospitalizations and failed outpatient treatment plans
  • Inability to manage simple activities of daily living, i.e. grooming or laundry
  • Appearance of “helpful friends” who pry into financial and personal matters
  • Purchases of unnecessary goods or services in response to solicitations

The Law Firm provides extensive "hands-on" trust and personal care services. 

 

Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your inquiry. Contacting the Law Firm does not create an attorney-client relationship. Please do not send any confidential information to the Law Firm until such time as an attorney-client relationship has been established.

Contact

The Truesdell Professional Building
200 NW 52nd Avenue
Ocala, Florida 34482
(352) 873-4141

Office Hours:
Monday through Thursday
9:30 am to 4:30 pm - By Appointment Only

Office Consultation Days:
Tuesday, Wednesday, Thursday

We strongly encourage the use of our online scheduling program. 

 

All incoming calls are answered and logged by the auto-attendant and returned within 24 hours by an assigned support staff member during normal business hours. Caller ID will capture all incoming calls; however, those who hang up without leaving a message will not be called back.