Florida’s Trust Code, set forth in Chapter 736, Fla Stat., defines who is a “qualified beneficiary” under a Trust and sets forth the rights such a beneficiary has with regard to the administration of the Trust. Some of the more important rights of a qualified...
Complex Legal Challenges
Estate Planning
Disinheriting an heir: 3 potential options
You’ve made the difficult decision that you’re going to have to disinherit one of your heirs. Maybe you and this person are no longer on speaking terms and you’ve had a falling out. Maybe they’re struggling with addictions or money management issues that mean you...
When it comes to a Florida Trust, who is a Qualified Beneficiary?
Florida’s Trust Code, set forth in Chapter 736, Florida Statutes, defines who is a “qualified beneficiary” and sets forth the rights which such a beneficiary has under a Florida Trust. Section 736.0103 (19) Florida Statutes provides as follows: “Qualified beneficiary”...
The limits and liberties of a POA
You decide who your power of attorney (POA) is as part of your estate plans. Your power of attorney handles any financial and medical decision if you are incapable of making the decision for yourself. Typically, people who have to undergo medical treatment, develop...
When Probate is NOT Required in Florida
When a Florida resident dies, one of the first steps which needs to be accomplished is to determine whether the decedent’s assets will need to go through probate. This article briefly discusses situations where probate does NOT apply. 1. Assets with a beneficiary or...
Do you need a living will in your Florida estate plan?
What you do with your estate will determine your ultimate legacy. Whether you leave property for family members or help fund the creation of a scholarship program, the way you plan to distribute the assets that you leave behind when you die will determine how people...
Are pets a part of your family? Add them to your estate plan
Have you ever thought about the kind of life you want for your pets when you’re no longer here to care for them? Perhaps surprisingly, most people do not. Those who do typically expect to give them to a friend or family member in their will. Under the law, pets are...
How can you avoid probate in Florida?
In Florida, probate is a court proceeding where the estate of a deceased person is administered and distributed to the decedent’s beneficiaries. Typically, filing probate involves hiring an attorney who prepares certain required paperwork which is then signed and...
Can you protect your legacy from estate claims by creditors?
The average American household has thousands of dollars in credit card debt. Many people also have student loan debts and other financial obligations, like debts for medical care. They spend a significant amount of their monthly income paying down those debts. You...
3 reasons your Florida will could be contested
The process of writing a will is often painstaking. When you decide to create your will (and you should), you do so with the goal of protecting your loved ones’ future while eliminating any uncertainties that may arise regarding your estate. However, there are...