I recently broke my crown. I'd worn the crown for a few years and it served me well. However, people noticed when I broke my crown because I was unhappy and had a pained look on my face. No, I'm not talking about the kind of crown that rests on your head---I wish I had one of those but it wasn't in the genes! The crown that I broke is of the 'dental" kind. When it broke, I learned a valuable lesson which can be applied to my estate planning law practice. Don't put things off!
Being of "Sound Mind" to Execute a Will
In Florida, as in most states, it has long been emphasized that the right to dispose of one's property by Will is highly valuable and it is the policy of the law to hold a Last Will and Testament good wherever possible. Not uncommonly, disgruntled beneficiaries sometimes challenge a Will on the grounds that the person who executed the Will (known as either the Testator if a man or a Testatrix if a woman) did not have testamentary capacity. In other words, they allege that the person's mental state was such that they could not validly sign a Will.
The hard truth about soft tissue injuries from car accidents
You know that the consequences of a Florida car accident can impact various areas of your life. From your financial losses to your physical injuries, even a minor accident or low-speed collision can require a lengthy recovery. If your accident was the result of the actions or negligence of another person or party, you may have a rightful claim to financial compensation to aid you in your recovery.
Soft tissue injuries are common types of car accident injuries, and victims often find that this type of damage can be quite significant. You may not always be able to see soft tissue injuries, but the pain and suffering is real. If you suffered from soft tissue injuries in your accident, you may require support, care and time to rest to get better.
Preparing for Alzheimers and Dementia Ahead of Time
"Dementia" is an umbrella term describing a variety of diseases and conditions that develop when nerve cells in the brain die or no longer function normally. The death or malfunction of these nerve cells, called neurons, causes changes in one's memory, behavior and ability to think clearly. Alzheimers disease is the most common form of dementia, making up as much as 80 percent of dementia in elderly persons. Ultimately, after losing one's quality of life, Alzheimers leads to death. In fact it is the fifth leading cause of death in person over age 65 and it is the only cause of death in the top ten that has little treatment, ability to slow progression, or cure.
How do I transfer Florida real estate after the owner has died?
Not uncommonly, we have prospective clients come into the office after a loved one has died. Their request is often simple...for example:"I need a deed to put Mom's house into my name. Her Will says I'm supposed to get it. Can you prepare that deed for me?" Unfortunately, it's not that simple. In most instances, there will need to be a court order to transfer the property. And in Florida, that means opening a probate.
Avoiders, Do-it-laterers, Around-to-iters, Out-of-sight, Out-of-minderers, and Other Procrastinators!
As an estate planning law firm, we advise and counsel clients, and establish and implement a plans in order to protect individuals, families, and businesses in the event of illness, incapacity, disruption from the unexpected, and death. Who needs this advice, planning and protection? Simply put-everyone! Illness, incapacity, disruption from the unexpected, and death are inevitable. We all face these realities, so why not be prepared?
What is an "adversary proceeding" in Florida probate?
In Florida probate, certain types of disputes are considered adversary proceedings. This designation has several implications, including that fact that the Florida Rules of Civil Procedure apply. In effect, an adversary proceeding proceeds as if it were a civil lawsuit within the probate. In particular, the parties can conduct discovery, including Requests for Production of Documents, Interrogatories, and taking depositions.
Excuses...Excuses...Reasons people give for not having their estate plan in order.
In 30-plus years of law practice, I won't say I've heard every excuse but I've sure heard my share. So I thought it might be interesting to share some of these excuses and my thoughts in response to them.
Why does probate of a Florida estate take so long?
In Florida, probate is a court proceeding whereby a deceased person's final affairs are resolved and assets are distributed. There are two types of probate in Florida: summary administration and formal administration. In a summary probate, estate assets must not exceed $75,000 (not including the homestead) and there must be no creditors--or all creditors must be dealt with. Essentially all other probate cases fall under "formal" administration.
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