As an estate planning attorney, I am often asked what needs to be done to terminate a Durable Power of Attorney ("DPOA"). In Florida, there are two ways to accomplish such a termination. First, an existing DPOA can be terminated by executing a new DPOA which...
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Month: November 2016
Is My Estate Taxable at My Death?
As an estate planning attorney, I often have clients ask whether their estate will be subject to taxation at the time of death. Answering this question is something that involves numerous considerations and therefore a person should seek specific legal and financial...
In Estate Planning, what does it mean if a gift or devise lapses?
In estate planning, a common phrase used in a Last Will & Testament or a Living Trust is that a gift or devise will "lapse." So what does this mean? In the estate planning context, when a gift lapses, it ceases or is extinguished. The lapsing of the gift is...
In Florida, What is Insurance “Bad Faith”?
Florida insurance law requires an insurance company to act in good faith in protecting its insured. This seems like a simple, self-evident principle. But what does it really mean in the context of a personal injury claim? Often the most common areas where questions...
How does Subrogation Work in a Florida Injury Case?
The term "Subrogation" frequently comes up in personal injury cases, both in Florida and elsewhere. So what does subrogation mean and how does it work? In simplest terms, subrogation means that one person or party "stands in the shoes" of another as far as right to...
What is a Letter of Protection in an Injury Case?
In personal injury law, a medical provider will often ask for a "Letter of Protection" from the attorney representing the injured person. So what is the attorney giving when they issue a "Letter of Protection" (also sometimes called an "LOP")? An LOP is a letter or...
