With all of the resources available today online and elsewhere, many people are tempted to try to do their own estate planning. They may find online forms or software at the local office supply store. Alternatively, they might use one of these online services. But is...
Complex Legal Challenges
Estate Planning
Protecting Special Loved Ones With a Special Needs Trust
Many families struggle daily with the demands of caring for a family member with health or developmental challenges. Whether it is autism, Parkinson's, cerebral palsy, birth defects or some other debilitating condition, the challenges can be immense. Perhaps one of...
What is a Pour-Over Will?
When person establishing a Trust (sometimes called a "Settlor") does not take the steps necessary to fund the Trust, in most instances a probate will be necessary in order to allow the transfer or liquidation of those assets. This would apply to most assets which are...
Leaving Out the Best Part: No Residuary Clause in a Will or Trust
The provision in the Will or Trust which designates what happens to the "rest, residue and remainder" of an estate after specific devises are made is sometimes referred to as the "residuary provision" or "residuary clause."Every Will and Trust should include a...
What Matters Most to You?
When meeting with estate planning clients, I often start by asking a simple question: "What matters most to you?" Without fail, the answer I get most often is "My family and my loved ones." This simple question and answer goes right to the heart of what we do as...
Use a Lady Bird Deed Very Cautiously
A "Lady Bird Deed" (or more accurately called an "Enhanced Life-Estate Deed") is a type of deed which provides the grantor--i.e. the real estate property owner--with certain rights during life, with the remaining interest going to a named grantee at the grantor's...
Common Estate Planning Mistake: Naming as Personal Representative a Nonresident Not Related by Blood or Marriage
When doing basic estate planning, one of the most important instruments to set up is a Last Will and Testament. This allows you to designate beneficiaries, i.e. who will receive your estate assets. The Will also designates the Personal Representative, i.e. who will be...
What I learned from my broken crown!
I recently broke my crown. I'd worn the crown for a few years and it served me well. However, people noticed when I broke my crown because I was unhappy and had a pained look on my face. No, I'm not talking about the kind of crown that rests on your head---I wish I...
Being of “Sound Mind” to Execute a Will
In Florida, as in most states, it has long been emphasized that the right to dispose of one's property by Will is highly valuable and it is the policy of the law to hold a Last Will and Testament good wherever possible. Not uncommonly, disgruntled beneficiaries...
Preparing for Alzheimers and Dementia Ahead of Time
"Dementia" is an umbrella term describing a variety of diseases and conditions that develop when nerve cells in the brain die or no longer function normally. The death or malfunction of these nerve cells, called neurons, causes changes in one's memory, behavior and...

