As estate attorneys, we commonly see situations where a family member comes to us after their relative has died. They'll explain that their relative died owning property or a bank account and they want to know whether they can use the deceased person's Durable Power...
Complex Legal Challenges
Elder Law
Signing Estate Documents for the Disabled
What happens if a disabled or physically incapacitated person wants to have a Will, Trust or other estate document but is incapable of signing the instrument for his or herself? Does that mean that they're out of luck? Fortunately, the answer in Florida is "no."...
What are Letters of Administration and How Do I Get Them?
Quite commonly, after their loved one has died clients come to us as estate attorneys and they tell us that a bank or other financial institution is asking for "Letters of Administration." When that happens, the client will ask us how do they get such...
Should my Will or Trust direct that my Homestead be sold upon my death?
As an estate lawyer, it is not uncommon to have clients ask that their Will or Trust be prepared directing that their primary residence (i.e. their homestead) be sold upon their death. Often their motivation will be to avoid disputes among their children over the...
What is Ancillary Probate Administration in Florida?
In Florida, it is not uncommon for persons to own real property or other assets in the state while not being residents of the state. Each Winter, residents of northern states travel to their Florida properties to spend the cold months in Florida's warm weather. Many...
A Surviving Spouse’s Right to Florida Homestead When There’s No Will
The laws in Florida governing homestead real property can be complex and confusing. This is particularly true when the homestead is titled in the name of only one spouse who dies and does not leave a Will or Trust devising the homestead to the surviving spouse....
Legal Challenges Facing Unmarried and Same-Sex Couples
Unmarried and same-sex couples face unique challenges under the law--especially when it comes to matters involving estate planning. When a couple live together but are not legally married, they essentially have little or no rights when it comes to certain...
Statutory Duties Under a Power of Attorney in Florida.
In recent years, Florida has "beefed up" Chapter 709, which sets forth the statutes governing Powers of Attorney. Among the directives contained in that chapter are certain duties which govern an agent authorized to act under a Power of Attorney. These duties apply...
Can My Agent Use My Durable Power of Attorney to Make Gifts or to Change Beneficiaries?
Estate planning clients sometimes ask whether the person (or "agent) named in their Durable Power of Attorney ("DPOA") has the power or authority to do certain acts regarding the principal's estate or assets. For example, can the agent named use the power of the DPOA...
How Do I Terminate a Durable Power of Attorney in Florida?
As an estate planning attorney, I am often asked what needs to be done to terminate a Durable Power of Attorney ("DPOA"). In Florida, there are two ways to accomplish such a termination. First, an existing DPOA can be terminated by executing a new DPOA which...