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...
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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...
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...
In Florida, is an Oral Contract Enforceable?
When an attorney is asked whether an oral contract in Florida is enforceable, the correct answer is that some, but not all, contracts must be in writing. In other words, some oral contracts are enforceable, others are not. Like many states, Florida has a "statute of...
In Florida, is an Oral Contract Enforceable?
When an attorney is asked whether an oral contract in Florida is enforceable, the correct answer is that some, but not all, contracts must be in writing. In other words, some oral contracts are enforceable, others are not. Like many states, Florida has a "statute of...
What does it mean for a Trustee to decant?
A trustee may implement a process known as "decanting" whereby the trust assets of an original trust may be transferred into a new trust. This can be done even if the original trust has become irrevocable. Florida Statutes, Section 736.04117, entitled "Trustee's Power...
