Sometimes we see married persons who own their homestead only in their name--not including the spouse on the title. If that married person dies intestate (without a Last Will and Testament) and has no children, the homestead transfers to the surviving spouse by...
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Gifting Precious Metals Through Your Estate Plan
When setting up one’s estate plan, consideration should be taken about the different types of assets which are to be devised (i.e. gifted at the time of death by Will or Trust). One category of asset that has become particularly popular and valuable to own is that of...
Should I title my vehicles in my Revocable Trust?
Estate planning attorneys commonly help their clients establish is a Trust. Such Trusts are commonly called a “Living Trust” or a “Revocable Trust” or a “Revocable Living Trust”. Frankly, the title does not matter. In this blog, we will simply call it a “Trust.”...
Rights of a Qualified Beneficiary under a Trust in Florida
Florida’s Trust Code, set forth in Chapter 736, Fla Stat., defines who is a “qualified beneficiary” under a Trust and sets forth the rights such a beneficiary has with regard to the administration of the Trust. Some of the more important rights of a qualified...
When it comes to a Florida Trust, who is a Qualified Beneficiary?
Florida’s Trust Code, set forth in Chapter 736, Florida Statutes, defines who is a “qualified beneficiary” and sets forth the rights which such a beneficiary has under a Florida Trust. Section 736.0103 (19) Florida Statutes provides as follows: “Qualified beneficiary”...
When Probate is NOT Required in Florida
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...
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...
