As an estate planning lawyer, I'm often asked by clients where they should keep their original estate planning documents. Do they need to keep them in a bank safe-deposit box? Generally speaking, my advice is to keep them somewhere safe and accessible but a...
Complex Legal Challenges
Estate Planning
In an estate, what is the residue?
Many times, the term "residue" will be used in a person's Will or Trust. So what is the residue of an estate and what is covered by the term? In the administration of a Will or Trust after a person dies, there are certain things that are paid out or...
Do you have per stirpes?
As an estate planning lawyer, one of my principal objectives in drafting a client's Will or Trust is to name the beneficiaries which the client wants to receive their estate. Often this will be a spouse or children and in some cases, other family members. What happens...
Can you name two people to act as co-agents under your Florida Power of Attorney?
As an estate planning lawyer, I always recommend that clients have both a Power of Attorney for Healthcare and a Durable Power of Attorney for non-medical matters. In each of those documents, the client is authorizing a person or persons to make decisions and act on...
Two Crucial Decisions You Should Make to Protect Your Minor Children
If you are the parent of a minor child, there are two crucial decisions which you should make and incorporate into your estate plan in order to protect your child. The first involves who will raise your child if you die and the second is who will be in charge of the...
Can I Use a Person’s Durable Power of Attorney After They Die?
As estate attorneys, we commonly see situations where a family member comes to us after their relative has died. They'll explain that their relative died owning property or a bank account and they want to know whether they can use the deceased person's Durable Power...
Signing Estate Documents for the Disabled
What happens if a disabled or physically incapacitated person wants to have a Will, Trust or other estate document but is incapable of signing the instrument for his or herself? Does that mean that they're out of luck? Fortunately, the answer in Florida is "no."...
Should my Will or Trust direct that my Homestead be sold upon my death?
As an estate lawyer, it is not uncommon to have clients ask that their Will or Trust be prepared directing that their primary residence (i.e. their homestead) be sold upon their death. Often their motivation will be to avoid disputes among their children over the...
What is Ancillary Probate Administration in Florida?
In Florida, it is not uncommon for persons to own real property or other assets in the state while not being residents of the state. Each Winter, residents of northern states travel to their Florida properties to spend the cold months in Florida's warm weather. Many...
A Surviving Spouse’s Right to Florida Homestead When There’s No Will
The laws in Florida governing homestead real property can be complex and confusing. This is particularly true when the homestead is titled in the name of only one spouse who dies and does not leave a Will or Trust devising the homestead to the surviving spouse....