We often have clients ask whether assets they inherit are considered marital in the event of a Florida divorce. As a very general statement, assets originating during the marriage are usually considered marital. For example, if either spouse works, their earnings are...
Complex Legal Challenges
Estate Planning
In a Florida Divorce, is an Inheritance Considered Marital Property?
We often have clients ask whether assets they inherit are considered marital in the event of a Florida divorce. As a very general statement, assets originating during the marriage are usually considered marital. For example, if either spouse works, their earnings are...
In a Florida Divorce, is an Inheritance Considered Marital Property?
We often have clients ask whether assets they inherit are considered marital in the event of a Florida divorce. As a very general statement, assets originating during the marriage are usually considered marital. For example, if either spouse works, their earnings are...
The Price of Dragging Your Feet–Consequences of No Estate Planning
In the estate planning law practice, we often see clients and prospective clients who mean well and intend to get their estate documents in order. Unfortunately, all too often the intentions do not amount to "follow-through" and the price can be significant. This is...
A Single-Member LLC in Florida Offers Limited Asset Protection from the Member’s Creditors
One benefit of forming an LLC in Florida is that the ownership interest of the LLC members can be protected, at least in part, from the claims of the member's creditors. However, this protection only extends to an LLC which has more than a single member. Understanding...
In Florida, does a Pre-Nuptial Agreement prevent you from inheriting from your spouse?
A Pre-Nuptial Agreement (also sometimes called a Pre-Marital Agreement) is a contract between two prospective spouses setting forth their rights in two main scenarios: 1) if they marry and later divorce; and 2) if one spouse dies while the parties are still married....
What is the priority of who-gets-what when a person dies?
When someone dies in Florida, assets or property they own can be transferred in several different ways and via several different means, only one of which involves a Will or Trust. This blog will consider several of these different means and how they relate in...
In Florida, are assets protected from a Settlor’s creditors if held in a Living Trust?
Florida estate planning attorneys are often asked whether assets held in a Living Trust, also known as a Revocable Trust, are protected from the creditors of the Settlor of the Trust (i.e. the person who set it up). As with so many questions under the law, the answer...
What is a Codicil?
A codicil is an amendment to an existing Last Will and Testament. When a person executes a Will, he or she may amend or modify the Will at any time so long as the person is living and competent. This type of amendment is referred to by estate planning...
What does it mean when a Will or Trust leaves to a beneficiary “per stirpes”?
"Per stirpes" is a Latin term translated as "by the roots or by representation." In estate planning, the term is used to denote a method of dividing the estate of a person. A person who takes per stirpes, sometimes called by right of representation, does not inherit...