In April of 2021, the Florida legislature unanimously approved passage of SB/HB 1041 which provided additional protections to elder persons . Among the changes, SB/HB 1041 amended Chapter 825 which addresses the abuse, neglect and exploitation of elder persons and...
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What are the signs of financial elder abuse?
Elder laws are in place to protect the health and financial well-being of the older population in Florida and other states throughout the nation. Since those in their older years may experience cognitive decline, they're more susceptible to financial abuse than those...
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...
Signs and remedies for undue influence on elders
Individuals seeking to exert undue influence over Florida elders are the most common reason that last wills and testaments are challenged. The law states that any part of a will that is unduly influenced by a person other than the decedent becomes invalid. Undue...
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...
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...
Reformation of a Will, Correcting Mistakes After the Person Dies
Consider a situation where Uncle Charlie prepares a Will intending to leave his home located at 1313 Mudbird Lane to his nephew, Jim, and the reminder of his estate (called the residue) to his other nephew, Tom. In lawyer's terms, the gift to Jim is a specific devise...
Under Florida Estate Law, What Does the Term “Devise” Mean?
In estate planning, the terms used in a Will or Trust often have special meaning. The term “devise” is a good example. The term is commonly used in Florida estate planning. When we draft Wills and Trust, clients often ask what the term means. Section 731.201 (10),...
A Great Resolution for the New Year—Get Your Estate Planning in Order!
The year 2020 has been rough on everyone. Many people have been faced with unexpected illness and, in some cases, death. But 2021 is now upon us and with the New Year comes hope for better times. The New Year also brings with it a time of reflection and of resolve to...
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...
