When a Florida resident dies, one of the first steps which needs to be accomplished is to determine whether the decedent’s assets will need to go through probate. This article briefly discusses situations where probate does NOT apply. 1. Assets with a beneficiary or...
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How can you avoid probate in Florida?
In Florida, probate is a court proceeding where the estate of a deceased person is administered and distributed to the decedent’s beneficiaries. Typically, filing probate involves hiring an attorney who prepares certain required paperwork which is then signed and...
Six Essential Estate Planning Documents You Should Have
In most Florida estate plans, there are six essential documents which you should have in place. These include the following: Last Will and Testament. This document allows you to appoint a Personal Representative to oversee your probate estate and to designate your...
Affidavit of Agent under a Durable Power of Attorney
A Durable Power of Attorney (“DPOA”) names you as agent or attorney-in-fact to act for the person who executed the DPOA (the “Principal”). You go into a bank intending to transact some business on behalf of the Principal and when you present the DPOA, you are told...
What makes a Durable Power of Attorney “Durable?”
In our estate planning practice, we regularly have clients sign a document titled “Durable Power of Attorney.” So, what is a Durable Power of Attorney? First and foremost, as a Power of Attorney, it is a legal instrument which a person, the principal, can sign...
Who may witness the signing of a Will in Florida?
In Florida, in order to be valid and enforceable, a Last Will and Testament must be signed by the person establishing the Will. The execution must be completed in the presence of two attesting witnesses. Sometimes the question arises as to who may serve as a witness...
Does a Will or Trust always control distribution of your assets?
We often have clients ask the question whether a Will or Trust always controls the distribution of their assets. The fact of the matter is that they do not always control. Here are two categories where neither the Will nor a Trust would govern distribution:...
Protecting Your Minor Children Through Estate Planning
Sometimes young adults do not think they need to do estate planning. A common mindset is “I’m in good health and I’m young, so why do I need to do any estate planning?” For those persons with minor children (who are under age 18), this is a very dangerous and...
Which Separate Writing Counts if There’s More Than One?
In previous blog entries, we’ve discussed the use if a “separate writing” in Florida estate planning. A person may refer to a separate writing in his or her Will or Trust. The separate writing allows a person to gift their personal property such as jewelry, furniture,...
Deposit of a Decedent’s Separate Writing with the Clerk
In Florida estate planning, a commonly used and helpful tool is what is known as the “separate writing.” This is a document referred to in a Will or Trust which designates the recipients of certain items of tangible personal property (like jewelry, furniture,...
