A Last Will and Testament can be challenged in Florida but the timeframe to do so is not always open-ended. Florida law provides a mechanism for any interested person (beneficiary, creditors, etc.) to be put on a "time-clock" to object to a Will. The document...
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Month: October 2014
In Florida, what makes a Power of Attorney “Durable”?
Estate planning lawyers often use the term "Durable Power of Attorney" and although many people know what a Power of Attorney ("POA") is, they often do not understand what it means to say that the POA is "Durable." Under Florida law, if a POA is Durable, it...
DNR or Living Will–What’s the difference?
As estate lawyers, we often see clients who use the terms DNR ("Do Not Resuscitate") and Living Will almost interchangeably. However, in Florida, they are different in many ways. A Living Will is a declaration made by a person as to their intentions in the event they...
In Florida, can a Trust be established to care for a person’s pets?
In Florida, Section 736.0408 Fla. Stat. provides that a Trust may be created to provide for the care of an animal. Most estate lawyers call this type of Trust a "Pet Trust." A Pet Trust must be established during the settlor's lifetime and it terminates on...
In Florida, if a person uses funds in a joint account, can use of those funds amount to elder exploitation?
This is another in a series of blog discussions of Florida's recently enacted changes to Chapter 825, Fla. Stat. which addresses exploitation of an elderly person or of a disabled adult. Elder attorneys often face questions about the use of funds held in joint...