In most Florida estate plans, there are six essential documents which you should have in place. These include the following: Last Will and Testament. This document allows you to appoint a Personal Representative to oversee your probate estate and to designate your...
Complex Legal Challenges
Estate Planning
Help the administration of your Florida estate unfold smoothly
At some point along your estate planning journey, you must name a trusted agent to manage your affairs after you die. In a best-case scenario, you can choose someone with prior estate executor experience, but this is not an option for many. First-time estate executors...
Affidavit of Agent under a Durable Power of Attorney
A Durable Power of Attorney (“DPOA”) names you as agent or attorney-in-fact to act for the person who executed the DPOA (the “Principal”). You go into a bank intending to transact some business on behalf of the Principal and when you present the DPOA, you are told...
Is it too late to make an estate plan with Alzheimer’s disease?
If you have been recently diagnosed with Alzheimer’s disease and do not have an estate plan, now is the time to take action. It can be frustrating to have a diagnosis like this, especially if you are already dealing with symptoms. Still, if you take action now, you...
What makes a Durable Power of Attorney “Durable?”
In our estate planning practice, we regularly have clients sign a document titled “Durable Power of Attorney.” So, what is a Durable Power of Attorney? First and foremost, as a Power of Attorney, it is a legal instrument which a person, the principal, can sign...
If you move to Florida to retire, update your estate plan
After you create your estate plan, you may hope that you will not have to spend much time thinking about your death ever again. However, it is quite common for people to need to revisit and update their estate plans later in life. This is particularly true for those...
Do you have to worry about estate taxes in Florida?
Florida is a retirement destination state for reasons beyond the natural beauty and incredible climate. There are many communities that cater to the needs of retired adults across the state and plenty of social opportunities. The laws in Florida are also friendly to...
Who should you settle for as the executor of your will?
One of the most important things you have to do when making a will is to choose its executor. This is the person tasked with managing the estate as it goes through probate and ensuring that everything is distributed to the beneficiaries as per your final wishes. An...
Who may witness the signing of a Will in Florida?
In Florida, in order to be valid and enforceable, a Last Will and Testament must be signed by the person establishing the Will. The execution must be completed in the presence of two attesting witnesses. Sometimes the question arises as to who may serve as a witness...
Does a Will or Trust always control distribution of your assets?
We often have clients ask the question whether a Will or Trust always controls the distribution of their assets. The fact of the matter is that they do not always control. Here are two categories where neither the Will nor a Trust would govern distribution:...