In our estate planning practice, we regularly have parents or grandparents who are concerned about leaving an inheritance to a beneficiary who has a substance abuse problem. The concern is real in that a beneficiary who suddenly comes into a sum of money could use it...
Get Out Ahead Of Your Issue
— Call Us Today
Planning. Preparation. And Acting With Purposeful Intent.
Month: March 2021
The Purpose of an Affidavit of Heirs in Florida Probate
In Florida, when a person dies intestate, i.e. without a Last Will and Testament, Florida’s intestacy statutes govern who will inherit the deceased person’s probate estate. Section 732.101, Fla. Stat. provides that: “Any part of the estate of a decedent not...
What are the signs of financial elder abuse?
Elder laws are in place to protect the health and financial well-being of the older population in Florida and other states throughout the nation. Since those in their older years may experience cognitive decline, they're more susceptible to financial abuse than those...
Vacancy in Trusteeship: When no one designated can or will serve.
When setting up an estate plan in Florida, one very helpful instrument is the “Living Trust” (also called a “Revocable Trust” or a “Revocable Living Trust”). The Living Trust is a written document into which the Grantor (the person establishing the Trust) places...
Signs and remedies for undue influence on elders
Individuals seeking to exert undue influence over Florida elders are the most common reason that last wills and testaments are challenged. The law states that any part of a will that is unduly influenced by a person other than the decedent becomes invalid. Undue...
Oath of the Personal Representative in Florida
Under Florida probate practice, the person appointed by the probate court to oversee the estate is known as the “Personal Representative.” Many people refer to this as an “Executor” and although they are essentially the same, the correct term in Florida is Personal...
Handling the complex probate process
Many people don’t know much about the probate process until they have to help settle a loved one’s estate. The first thing many personal representatives (also known as estate executors) learn is exactly what probate is: transferring ownership of someone’s assets to...
The most common causes of probate litigation (and how to avoid them)
When you pass on, the last thing you want is for your children and other relatives to fight over your estate instead of coming together in their time of mourning. Unfortunately, probate litigation is all too common, and it tears families apart. While there’s no way to...
What slows down the probate process?
While the probate process in Florida often goes smoothly, certain situations can cause delays. Not having an estate plan or having an unclear estate plan can cause conflict between family members. Even if the person has prepared a will, it could be contested. In some...
What is the difference between a Testamentary Trust and a Living Trust?
In estate planning, there are two main categories of Trusts. The first is known as a “Testamentary Trust.” This is a Trust established through a person’s Last Will and Testament. In other words, there is no separate “Trust document.” The Testamentary Trust us usually...
