“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...
Complex Legal Challenges
Elder Law
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...
Electronic Wills Become Effective on July 1 in Florida
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...
Limitations on Minor Children Inheriting Directly in Florida
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...
Cremation and Florida 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...