As estate planning attorneys with over thirty-five years combined experience in Florida, we often wonder why so many people neglect having their estate planning documents in order. Surely, they want to protect themselves and their loved ones in the event of illness,...
Get Out Ahead Of Your Issue
— Call Us Today
Planning. Preparation. And Acting With Purposeful Intent.
What is a Plenary Guardian in Florida?
Under Florida law, there are several different kinds of Guardian that can be appointed by a court. Section 744.102 (9), Fla. Stat. defines a “Guardian” as a person who has been appointed by the court to act on behalf of a Ward’s person or property, or both. As the...
The Role of “Active Procurement” in Challenging a Florida Will
In Florida, when a person wishes to challenge a Last Will and Testament, one of the most frequent grounds alleged is “undue influence.” One common definition of undue influence is excessive persuasion that causes another person to act or refrain from acting by...
Who is an “Interested Person” in a Florida Probate?
Throughout the Florida Probate Code (contained in Chapters 731-735, Fla. Stat.) and the Florida Rules of Probate Procedure, the term “interested person” is frequently used for purposes of deciding a number of important rights or obligations. In many instances, only an...
Removal of a Trustee in Florida
In Florida, a Revocable or Living Trust is a commonly used estate planning tool. This type of Trust allows assets held within the Trust to pass without probate. Such a Trust also allows assets to be held in the Trust and distributed to beneficiaries over time. In...
How Often Should You Have Your Estate Plan Reviewed By An Attorney?
“How often should I come back to see you for a review of my estate planning documents?” This is a question which clients frequently ask us in our estate practice. In order to answer this question, first we should state that there is no one answer that “fits all.” As...
Must the Trustee of a Florida Trust be a Resident of Florida or be Related by Blood or Marriage?
In our firm’s estate planning practice, we commonly help clients set up a “Living Trust” (also called a “Revocable Trust” or a “Revocable Living Trust”). In this blog, we will simply call it a “Trust.” Establishing a Trust has many benefits, including avoiding probate...
Appointment of an Emergency Temporary Guardian in Florida
When an incapacitated person in Florida needs a guardian, an interested person, such as a family member, may petition the probate/guardianship court for a determination of incapacity and for appointment of a guardian. Once these pleadings are filed with the court, the...
Florida Power of Attorney: Authorizing Super Powers
Under a Florida Durable Power of Attorney (“DPOA”), a principal person may give another person (often called an “agent”) the authority to act for the principal on various personal and financial matters. These may include authority such as selling real estate, paying...
Who is Eligible to Serve as Personal Representative in Florida?
When a formal probate is opened in Florida, the court will appoint a person to serve as Personal Representative (in other states, this is sometimes refer to as an “Executor” or “Administrator”). A common question which we run into in our estate practice is “Who is...
