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....
Complex Legal Challenges
Probate
Family Allowance in Florida Probate
If a person dies in Florida leaving a spouse or dependent lineal heirs, those persons may need financial support while the probate is pending. Since probate can take in excess of a year, this can impose a significant financial burden on the spouse or heirs. So, can...
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...
Finding Unknown or Unclaimed Assets After Someone Dies
Sometimes when a person dies, the spouse or other family know what assets or property the person owned. These could include anything from real estate to bank accounts, stocks to home furnishings, even pets to stamp collections. However, experienced probate attorneys...
How do I get access into a safe deposit box after someone dies?
When a person in Florida has a safe-deposit box at a bank or credit union, only they or persons they've authorized in writing, can access the box. So what happens if the person dies and no one else is authorized? A Florida attorney can show you where the law provides...
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...
What is needed to remove a Trustee in Florida?
A trustee of a trust in Florida may be removed for reasons set forth in the trust instrument itself. For example, some trusts contain provisions allowing the beneficiaries to remove a trustee--usually by majority vote. In addition to the terms of the trust itself,...
What is necessary for a disclaimer to be “qualified?”
As discussed in a previous blog entry, making a qualified disclaimer can be a useful tool in estate administration. In particular, it allows a beneficiary to renounce an interest in an inheritance or gift and thereby let it pass to another beneficiary. However, what...
In estate administration, what is a “qualified disclaimer?”
One definition of "disclaim" is when a person denies or renounces a claim to some thing or some right. In the context of estate administration, when a person disclaims, they are renouncing part or all of their right to receive under a Will, Trust or by operation of...
What can I do if Grandma has no power of attorney and becomes incompetent?
Estate planning lawyers often recommend that clients establish certain key documents. Among those are a Durable Power of Attorney ("POA"). This instrument allows a person to designate an agent to act for them in the event of incapacity. If a person becomes...