Estate planning is the anticipatory process, during your life, of preparing the distribution of your assets to family and loved ones or charity after your death. Estate distribution is a complicated process and many people update their estate plans throughout their...
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Is a no-contest clause enforceable in a Florida will?
You may want to avoid a challenge to your will by including a no-contest clause. It works by disinheriting anyone who contests the will and loses. However, it is worthwhile to understand the enforceability of such a clause before having it in your will. Florida law is...
Right of Decedent’s Spouse to Elect Regarding Homestead
Sometimes we see married persons who own their homestead only in their name--not including the spouse on the title. If that married person dies intestate (without a Last Will and Testament) and has no children, the homestead transfers to the surviving spouse by...
Does your existing estate plan meet all your family needs?
You are several steps ahead of many Americans when it comes to estate planning. Your preparation, foresight and drive led you on the path of protecting your assets and protecting your heirs and beneficiaries. You can breathe easier, or so you think. However, you must...
Gifting Precious Metals Through Your Estate Plan
When setting up one’s estate plan, consideration should be taken about the different types of assets which are to be devised (i.e. gifted at the time of death by Will or Trust). One category of asset that has become particularly popular and valuable to own is that of...
You’re not too young for estate planning
People sometimes neglect to do their estate planning simply because they think that they’re too young. If you talk to someone in their 30s about making end-of-life plans, they may tell you that you’re jumping the gun a bit. They don’t even think that they’re halfway...
Should I title my vehicles in my Revocable Trust?
Estate planning attorneys commonly help their clients establish is a Trust. Such Trusts are commonly called a “Living Trust” or a “Revocable Trust” or a “Revocable Living Trust”. Frankly, the title does not matter. In this blog, we will simply call it a “Trust.”...
Rights of a Qualified Beneficiary under a Trust in Florida
Florida’s Trust Code, set forth in Chapter 736, Fla Stat., defines who is a “qualified beneficiary” under a Trust and sets forth the rights such a beneficiary has with regard to the administration of the Trust. Some of the more important rights of a qualified...
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...
When it comes to a Florida Trust, who is a Qualified Beneficiary?
Florida’s Trust Code, set forth in Chapter 736, Florida Statutes, defines who is a “qualified beneficiary” and sets forth the rights which such a beneficiary has under a Florida Trust. Section 736.0103 (19) Florida Statutes provides as follows: “Qualified beneficiary”...
