August 2017 Archives

What is a "Spendthrift" Provision in a Florida Trust?

Most well-drafted Trusts contain a spendthrift provision-also sometimes called a restraint on alienation provision. Such a provision sets forth special language preventing creditors from attaching or "taking away" the interest of a beneficiary named in a Trust. Florida law enforces spendthrift provisions so long as they apply to both voluntary and involuntary transfers.

Do you have a Living Will?

If you've ever been a patient at a hospital or any other medical facility, you've probably been asked this question: "Do you have a Living Will?" So what is this document? A Living Will is a document which allows you to declare your desires in the event of an "end-of-life" situation such as a terminal illness, an end-stage condition, or a permanent vegetative state. In making this declaration, here is some typical language contained in a Florida Living Will:

Ready for anything? Are You "In Omnia Paratus?"

A well-recognized Latin phrase, "In Omnia Paratus" is translated as "Ready for anything." Legally speaking, when it comes to life's challenges, many adults are not ready for anything. In particular, they are not ready in the event of disability, incapacity, or death. They simply are not prepared.

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