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...
Complex Legal Challenges
Estate Planning
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,...
Reformation of a Will, Correcting Mistakes After the Person Dies
Consider a situation where Uncle Charlie prepares a Will intending to leave his home located at 1313 Mudbird Lane to his nephew, Jim, and the reminder of his estate (called the residue) to his other nephew, Tom. In lawyer's terms, the gift to Jim is a specific devise...
Under Florida Estate Law, What Does the Term “Devise” Mean?
In estate planning, the terms used in a Will or Trust often have special meaning. The term “devise” is a good example. The term is commonly used in Florida estate planning. When we draft Wills and Trust, clients often ask what the term means. Section 731.201 (10),...
When does someone make changes to a will?
Not every person takes steps to draw a will or take part in other estate planning steps. Failing to do so might rank among the most common estate planning steps to make since estate assets' distribution then falls under Florida's intestate laws. The result might not...
A Great Resolution for the New Year—Get Your Estate Planning in Order!
The year 2020 has been rough on everyone. Many people have been faced with unexpected illness and, in some cases, death. But 2021 is now upon us and with the New Year comes hope for better times. The New Year also brings with it a time of reflection and of resolve to...
Take Two Important Steps to Protect Your Minor Children
For most of our clients who have minor children, if asked what matters most in life, they respond “our kids.” If you have minor children, would you agree with this? There’s something special about the relationship between a parent and his or her children—especially...
Adult Child with a Disability? Petition for Appointment as Guardian Advocate
Parents with children who have disabilities such as autism, cerebral palsy, or Down syndrome, among others, will face a dilemma when those children become adults at age 18. The parents will no longer have authority or power to act on behalf of those adult children....