In our estate planning practice, we regularly have clients sign a document titled “Durable Power of Attorney.” So, what is a Durable Power of Attorney? First and foremost, as a Power of Attorney, it is a legal instrument which a person, the principal, can sign...
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If you move to Florida to retire, update your estate plan
After you create your estate plan, you may hope that you will not have to spend much time thinking about your death ever again. However, it is quite common for people to need to revisit and update their estate plans later in life. This is particularly true for those...
Do you have to worry about estate taxes in Florida?
Florida is a retirement destination state for reasons beyond the natural beauty and incredible climate. There are many communities that cater to the needs of retired adults across the state and plenty of social opportunities. The laws in Florida are also friendly to...
Who should you settle for as the executor of your will?
One of the most important things you have to do when making a will is to choose its executor. This is the person tasked with managing the estate as it goes through probate and ensuring that everything is distributed to the beneficiaries as per your final wishes. An...
Who may witness the signing of a Will in Florida?
In Florida, in order to be valid and enforceable, a Last Will and Testament must be signed by the person establishing the Will. The execution must be completed in the presence of two attesting witnesses. Sometimes the question arises as to who may serve as a witness...
Does a Will or Trust always control distribution of your assets?
We often have clients ask the question whether a Will or Trust always controls the distribution of their assets. The fact of the matter is that they do not always control. Here are two categories where neither the Will nor a Trust would govern distribution:...
Be sure you include sentimental items in your estate plan
There are a lot of things to consider when you're making an estate plan, from what future medical decisions you want to make to how you're going to divide your assets between your heirs. People often tend to focus on big-ticket items like an investment portfolio, a...
When did you last update your estate plan?
Planning for what happens to your estate once you are gone is a step in the right direction. However, it should not be a one-off event, and you need to continually update your estate plans in line with the changes in your life. While it is advisable to revise your...
Which Separate Writing Counts if There’s More Than One?
In previous blog entries, we’ve discussed the use if a “separate writing” in Florida estate planning. A person may refer to a separate writing in his or her Will or Trust. The separate writing allows a person to gift their personal property such as jewelry, furniture,...
Handling foreign assets in your estate planning
If this is the year you finally put an estate plan in place, good for you! It’s an important endeavor that requires a lot of careful thought – and legal guidance. One thing that too many people who try to rush through the process and just get something in place forget...
