As a probate and estate attorney, I'm often asked whether life insurance goes through or is subject to probate. The answer is usually "no." Life insurance is one of those assets that does not normally go through probate. This is due to the fact that the policy names a...
Complex Legal Challenges
Estate Planning
In Florida, Can I Leave My Estate To Whomever I Choose?
As an estate planning lawyer in Florida, I'm often asked by clients if they can leave their estate to whomever they choose. For the most part, a person can leave his or her estate to whomever they choose but there are some exceptions. Florida has certain laws...
The Flight Went Down: What Happens with a Simultaneous Death?
In today's modern age, we have the benefit of amazing technology. We can fly half-way around the world in less than a day. We can travel virtually anywhere by "planes, trains and automobiles." However, this technology also comes with risks especially when persons,...
TODs and PODs as Useful Estate Planning Tools
A familiar term often used in estate planning discussions involves a "TOD" or "POD" designation. These abbreviated designations of "Transfer on Death" and "Pay on Death" and are usually used in the context of certain financial accounts such as checking,savings, or...
Does my Living Trust need a Tax Id. Number?
When estate planning lawyers set up a Living Trust for a client, they should advise the client to take steps to transfer their assets--such as bank accounts--into the Trust. This process is called "funding" the Trust. Often when funding the Trust, a client will be...
What is an “Incontestability” Provision of a Life Insurance Policy?
Many states, including Florida, have laws which require life insurance policies to become incontestable after a period of time. As a result, most life insurance policies have a provision entitled "Incontestability." So what does this mean? An incontestability...
Getting Away with Murder? Not under Florida Probate!
Like many states, Florida's probate code includes a "Slayer Statute" located at Section 732.802, Fla. Stat. This statute provides that persons who intentionally kill, or procure the killing, of another person may not receive benefits under the deceased person's Will....
Medicaid Claims Against a Florida Estate
As is commonly known, Medicaid is a federal program which provides healthcare benefits to certain persons with low income. The program is administered at the state level. Section 1917 of the Federal Social Security Act (42 USC § 1396(p)), and 42 CFR 433.36,...
In Florida, Should I Title My Vehicle in My Trust?
When a person establishes a Living or Revocable Trust, it is necessary to transfer certain assets into the Trust. Estate attorneys often call this "funding the Trust." Assets such as real estate, brokerage accounts, stocks, etc. can be transferred into the name of the...
Leave a Road Map for Your Loved Ones to Follow After You’re Gone!
As estate attorneys, we often have families come in after the death of a loved one and they have no idea where to start. What assets--accounts, investments, real estate, insurance, retirement accounts--did their loved on have? Where did their loved one have these...