When a married person is facing divorce, updating their estate planning documents is a must. Why? Because of the potential ramifications in the event of an illness, incapacity, or death. Most married couples name their spouse on their estate documents. This might...
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Protecting a Beneficiary who has a Substance Abuse Problem
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...
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...
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...
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...
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...
Structuring Distributions in Order to Protect Beneficiaries
In our estate planning practice, we often have clients who are concerned about how their beneficiaries will use the assets which they will inherit. Sometimes the concern arises out of some personal problem of the beneficiary such as substance abuse; they don’t want...
Statute of Limitations for Claims against a Florida Estate
When a person dies resident in Florida, is there a statute of limitations limiting when a creditor can no longer enforce a debt or claim against the decedent or the decedent’s estate? The answer is in the affirmative. Section 733.710, Fla. Stat. provides that “…2...
Can a Creditor Petition to Open a Probate in Florida?
When a person dies domiciled in Florida, in order to administer his or her estate, a probate often must be opened. The question arises, who can petition to open a probate of the decedent’s estate? Certainly, a spouse or beneficiary could do so. But what about a...
The Role of Death Certificates After a Person Passes Away
When a probate is being opened, one of the documents required by the probate court is a death certificate. Similarly, a death certificate will be needed when claiming life insurance benefits or collecting beneficiary designations. In Florida, there are two types of...
