Witnesses play a crucial role in a will. You need at least two witnesses to sign your will in your presence and the presence of each other. A witness's signature acknowledges that you have signed your will and have observed other requirements. Here are four factors to...
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Estate Planning
Irrevocable and irrevocable trusts: How are they different?
All adults should ensure they have an estate plan in place that reflects their wishes. For some, having at least one trust is part of the plan. There are a variety of trusts available. Each one is considered either irrevocable or revocable. This categorization has to...
Disinheriting an heir: 3 potential options
You’ve made the difficult decision that you’re going to have to disinherit one of your heirs. Maybe you and this person are no longer on speaking terms and you’ve had a falling out. Maybe they’re struggling with addictions or money management issues that mean you...
Protecting Your Minor Children Through Estate Planning
Sometimes young adults do not think they need to do estate planning. A common mindset is “I’m in good health and I’m young, so why do I need to do any estate planning?” For those persons with minor children (who are under age 18), this is a very dangerous and...
Estate Planning in the Face of a Divorce: Update Your Estate Documents
When a married person is facing divorce, updating their estate planning documents is a must. Why? Because of the potential ramifications in the event of an illness, incapacity, or death. Most married couples name their spouse on their estate documents. This might...
What is a testamentary trust?
If you've accumulated a lot of assets in Florida, you probably want to make sure that your assets will take care of your loved ones long after your death. However, inheriting a lot of money all at once isn't always in your loved ones' best interest. Maybe they're on...
Did someone have undue influence over your loved one?
Many people need help in their later years, especially when creating their estate plan. This complex task often leads people to turn to both loved ones and legal counsel for input and guidance. When, though, does assistance become undue influence, and what impact can...
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...
Dealing with digital assets in an estate plan
When creating an estate plan, people may need to address what to do with digital assets ranging from email accounts to Bitcoin balances and more. Like most states, Florida has enacted the Revised Uniform Fiduciary Access to Digital Assets Act. With this in place,...
What Corona Virus teaches us about being prepared.
Over the last several weeks, everyone has been impacted by the Corona virus (also called COVID-19). Most people have been in some degree of social distancing or isolation. Businesses have slowed or closed altogether. Healthcare providers are doing the best they can...