In our probate practice, we commonly have clients come in after having received certain probate papers. Usually, this is because there has been a death of a loved one and someone is trying to open a probate. Often among those papers served there is a document entitled...
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Month: October 2020
Charitable trusts an option that offers multiple benefits
Benefactors in Florida who are interested in donating money to charity may want to consider setting up a charitable trust. A charitable trust is a way to use liquid assets to donate to or start a charitable organization. The charity holds the assets for a time...
Pre-2021 estate planning moves for high-net-worth individuals
Regardless of the 2020 election outcome, the relationship between politics, policies and estate planning are inextricably linked. The last four years have created some advantages for wealthy individuals to reduce taxes and other related costs, thereby maximizing their...
“Myth-Understandings” About Estate Planning
As estate planning attorneys with over thirty-five years combined experience in Florida, we often wonder why so many people neglect having their estate planning documents in order. Surely, they want to protect themselves and their loved ones in the event of illness,...
Documents to include in an estate plan
Estate planning is an important part of planning for the future and for loved ones. Having a comprehensive estate plan can provide peace of mind for both the estate planner and their loved ones. For that reason, estate planners should be familiar with what estate...
What is a Plenary Guardian in Florida?
Under Florida law, there are several different kinds of Guardian that can be appointed by a court. Section 744.102 (9), Fla. Stat. defines a “Guardian” as a person who has been appointed by the court to act on behalf of a Ward’s person or property, or both. As the...
The Role of “Active Procurement” in Challenging a Florida Will
In Florida, when a person wishes to challenge a Last Will and Testament, one of the most frequent grounds alleged is “undue influence.” One common definition of undue influence is excessive persuasion that causes another person to act or refrain from acting by...
Did someone have undue influence over your loved one?
Many people need help in their later years, especially when creating their estate plan. This complex task often leads people to turn to both loved ones and legal counsel for input and guidance. When, though, does assistance become undue influence, and what impact can...
Who is an “Interested Person” in a Florida Probate?
Throughout the Florida Probate Code (contained in Chapters 731-735, Fla. Stat.) and the Florida Rules of Probate Procedure, the term “interested person” is frequently used for purposes of deciding a number of important rights or obligations. In many instances, only an...
What is the surrogate’s responsibility with an advance directive?
In Florida, many people are concerned that they will become ill or incapacitated and subjected to treatments they might not want. In other cases, they will need a person with their best interests in mind to oversee their affairs. With a living will and power of...
