January 2016 Archives

Do-It-Yourself: the Estate Planning Disaster!

With today's technology, consumers have plenty of resources to turn to when they think about their estate planning needs. On the internet and through self-help software or forms, many documents can prepared--everything from a Power of Attorney to a Living Trust or Will. But is doing it yourself really the way to go?

Why Have a Simultaneous Death Provision in Your Will or Trust?

Often estate attorneys will include a simultaneous death provision in a Will or Trust. These provisions are intended to address what happens if two persons die such that it cannot be determined who died first. For example, what if a mother has a provision in her Will leaving her estate to her daughter, if her daughter survives her--and then the airplane they are in crashes killing both of them, does the daughter still inherit? 

Are There Exceptions to the Requirement that Certain Contracts Must be in Writing?

As discussed in a recent blog entry, Florida has a "statute of frauds" which states that certain types of contracts must be in writing. These include contracts which involve: 1. an agreement to guarantee another person's debt; 2. an agreement for the sale of real property; 3. an agreement for the lease of real property for more than one year; 4. an agreement where the performance is for more than one year; and 5. an agreement for the purchase of goods for $500 or more. 

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