Estate planning is crucial if you want to ensure that your wishes are carried out in regard to your property when you pass on. At the heart of an estate plan for many people in Florida is the drafting of a last will and testament. There are a number of ways in which a...
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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 are non-probate assets?
Non-probate assets are properties that bypass the probate process in Florida, which includes retirement accounts like IRAs and 401(k)s. Life insurance proceeds are also non-probate assets. All properties that are held in a living trust and funds in a payable-on-death...
Protecting a Beneficiary who has a Substance Abuse Problem
In our estate planning practice, we regularly have parents or grandparents who are concerned about leaving an inheritance to a beneficiary who has a substance abuse problem. The concern is real in that a beneficiary who suddenly comes into a sum of money could use it...
Vacancy in Trusteeship: When no one designated can or will serve.
When setting up an estate plan in Florida, one very helpful instrument is the “Living Trust” (also called a “Revocable Trust” or a “Revocable Living Trust”). The Living Trust is a written document into which the Grantor (the person establishing the Trust) places...
The most common causes of probate litigation (and how to avoid them)
When you pass on, the last thing you want is for your children and other relatives to fight over your estate instead of coming together in their time of mourning. Unfortunately, probate litigation is all too common, and it tears families apart. While there’s no way to...
What is the difference between a Testamentary Trust and a Living Trust?
In estate planning, there are two main categories of Trusts. The first is known as a “Testamentary Trust.” This is a Trust established through a person’s Last Will and Testament. In other words, there is no separate “Trust document.” The Testamentary Trust us usually...
Structuring Distributions in Order to Protect Beneficiaries
In our estate planning practice, we often have clients who are concerned about how their beneficiaries will use the assets which they will inherit. Sometimes the concern arises out of some personal problem of the beneficiary such as substance abuse; they don’t want...
How can you discourage will contests?
When you start writing your will in Florida, you might want to leave certain family members out of the document. Unfortunately, disinheriting them might encourage them to contest the will after you're gone, even if you include a no-contest clause. Here's how you can...
Should you revise your will when you move?
If you've recently moved to Florida, take some time to update your estate plans. According to U.S. law, your will doesn't have to be written in your state of residence to be declared legally valid. However, every state has different rules for estates and inheritances,...
