by mikelins | Aug 3, 2020 | Estate Planning, guardianship
In this era of COVID-19, many of us have been alerted to the fact that we could become suddenly ill and be unable to speak or act for ourselves. If you are an adult and you become incapacitated, who can speak for you on important issues such as healthcare and medical...
by mikelins | Jul 22, 2020 | Elder Law, Estate Planning, Probate
When a person dies resident in Florida, their original Last Will and Testament (“Will”) must be deposited with the Probate Division of the Clerk of Court of their county of residence. The applicable statue governing this procedure is Section 732.901, Fla. Stat....
by mikelins | Jul 18, 2020 | Elder Law, Estate Planning, Personal Representative, Probate
In our estate planning practice, we often are asked whether a Trust is the same thing as a Last Will and Testament (“Will”). If fact, many times we hear clients refer to them interchangeably. However, a Will and a Trust are not the same. Understanding their...
by mikelins | Jul 9, 2020 | Elder Law, Estate Planning
Let’s face it, doing one’s estate planning isn’t something most people are excited about doing. It’s often easier to put it off and leave it for another day. Most people we talk to about their estate planning admit that it has been something about which they have...
by mikelins | Jul 2, 2020 | Estate Administration, Personal Representative, Probate
When a person dies resident in Florida, a formal probate estate is often required. In a formal probate, the probate court appoints a “Personal Representative.” Some people refer to this person as the “Executor” but the correct name in Florida is Personal...
by mikelins | Jun 24, 2020 | Elder Law, Estate Planning
Florida’s new electronic Wills provisions become effective on July 1, 2020. This will mean that individuals who wish to sign their Will electronically can do so and the Wills will have the same force and effect as a traditional Will. To understand the importance of...
by mikelins | Jun 15, 2020 | Elder Law, Estate Planning, guardianship
Often parents and grandparents name minor children as beneficiaries under their Will or their life insurance or IRA. As a matter of law, children are allowed to inherit but how they receive that inheritance and how it is administered can pose challenges and...
by mikelins | Jun 10, 2020 | Elder Law, Estate Planning
When a person dies in Florida, a decision needs to be made whether to bury or cremate their remains. The decision is important, having both personal and financial implications. This blog will discuss some of the legal considerations that come into play when someone...
by mikelins | May 29, 2020 | Probate, Probate Litigation
In Florida, a surviving spouse has certain protections in the event his or her spouse dies and does not leave the surviving spouse an acceptable portion of the deceased spouse’s assets. In simple terms, these protections prevent a surviving spouse from being totally...
by mikelins | May 22, 2020 | Estate Administration, Estate Planning, Probate
In our estate planning and probate practice, we often see situations where clients will add a loved-one on to their bank account as joint account owner or will make a “Pay-on-Death” (“POD”) designation. The reason for this is often either for convenience or to avoid...
