When an attorney is asked whether an oral contract in Florida is enforceable, the correct answer is that some, but not all, contracts must be in writing. In other words, some oral contracts are enforceable, others are not. Like many states, Florida has a "statute of...
Complex Legal Challenges
Probate
What does it mean for a Trustee to decant?
A trustee may implement a process known as "decanting" whereby the trust assets of an original trust may be transferred into a new trust. This can be done even if the original trust has become irrevocable. Florida Statutes, Section 736.04117, entitled "Trustee's Power...
Personal Representative in Florida: Name Someone Who Qualifies!
When preparing a Last Will and Testament in Florida, one of the decisions you must make is who to name as Personal Representative (also sometimes called the Executor). The Personal Representative is the person in charge of the probate estate. So who can serve as...
Some Pros and Cons of Incentive Trust Provisions
As discussed in a previous blog, incentive trust provisions are designed by estate planning attorneys for clients who wish to promote or discourage specific behaviors or lifestyles by their beneficiaries. These provisions make or withhold Trust distributions to...
Incentive Trust Provisions–a Carrot or a Stick!
Incentive trust provisions are designed by estate planning attorneys for clients who wish to promote or discourage specific behaviors or lifestyles by their beneficiaries. These provisions make or withhold Trust distributions to accomplish certain intended results. In...
Do I Need a Federal Tax Id. for My Living Trust?
When estate planning lawyers set up a Living Trust (also sometimes called a Revocable Trust), we instruct clients to title their non-qualified assets in the name of the Trust. Not infrequently, clients try to do this and are mistakenly asked by their bank or credit...
When Jewelry has Legs…The All-Too-Common Case of Missing Estate Assets!
As an estate lawyer, I often see cases where a person dies and leaves certain items of jewelry to a specific beneficiary. However, when time comes to distribute that gift, all-too-often the jewelry has gone missing. So what happened, did the jewelry grow legs...
In Florida Trust Administration, what is a Notice of Trust?
After the grantor or settler of a Trust dies, the successor Trustee has certain administration duties which must be fulfilled. One such duty is to file a document known as a "Notice of Trust." The Notice is filed with the probate court of the county of the settlor's...
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...
What is a Notice of Administration in Florida Probate?
When a Florida Statutes Section 733.212 sets forth certain timeframes which are triggered by service of the Notice of Administration. For example, any interested person on whom a copy of the Notice is served who challenges the validity of the will or any codicils,...