August 2015 Archives

The Price of Dragging Your Feet--Consequences of No Estate Planning

In the estate planning law practice, we often see clients and prospective clients who mean well and intend to get their estate documents in order. Unfortunately, all too often the intentions do not amount to "follow-through" and the price can be significant. This is especially true in the case of a crisis such as incapacity, incompetence or death.

What is a Notice of Administration in Florida Probate?

When a probate is filed in Florida, often a Notice of Administration will be served on interested parties (such as a spouse, beneficiaries, Trustee, etc.). Receipt of this Notice is very important to the rights of the person receiving it. In particular, the Notice can trigger certain deadlines which if missed, will prevent the person from enforcing their rights.

A Single-Member LLC in Florida Offers Limited Asset Protection from the Member's Creditors

One benefit of forming an LLC in Florida is that the ownership interest of the LLC members can be protected, at least in part, from the claims of the member's creditors. However, this protection only extends to an LLC which has more than a single member. Understanding how a membership interest in a multi-member LLC is treated can help explain the difference when it comes to a single-member LLC.

In Florida, does a Pre-Nuptial Agreement prevent you from inheriting from your spouse?

A Pre-Nuptial Agreement (also sometimes called a Pre-Marital Agreement) is a contract between two prospective spouses setting forth their rights in two main scenarios: 1) if they marry and later divorce; and 2) if one spouse dies while the parties are still married. This blog will discuss how the Pre-Nuptial Agreement impacts a surviving spouse's right to inherit if one spouse dies.

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