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...
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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...
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...
Deposit of Last Will and Testament with the Clerk
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....
Is a Trust the Same Thing as a Will?
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...
The High Costs of Procrastination
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...
