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...
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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,...
POST-NUPTIAL AGREEMENTS IN FLORIDA
This blog discusses the major issues which arise upon entering into a Post-Nuptial Agreement in Florida. As a preliminary matter, you must understand that upon entering into such an Agreement, your spouse and you are waiving, or at least modifying, certain rights (and...
Can a nonresident of Florida serve as agent under a Florida Durable Power of Attorney?
When working with clients, we are often asked who can serve as agent under their Durable Power of Attorney. Often the reason for the question is that they want to know if a nonresident of Florida can be designated. The short answer is that a nonresident person can be...
Verbal Intentions Do Not Count in Estate Planning
In our estate planning practice, we regularly have new or prospective clients who will meet with us, give us their information, and ask that we prepare estate planning documents for them. We then will prepare draft documents to send them for review. Once the documents...
When does a Durable Power of Attorney go into effect in Florida?
A Durable Power of Attorney (“DPOA”) is a written legal instrument signed by one person, known as a principal, appointing another person, known as an agent, to act on the principal’s behalf. Most such DPOAs enumerate specific powers which the agent may exercise. For...
