When clients execute a Living or Revocable Trust, one of the first things about which their estate attorney should advise them is that their assets should be transferred into their Trust. This process is often called "funding" the Trust. Having a Trust without funding...
Complex Legal Challenges
Probate
If I move to another state, do I need to re-do my estate documents?
When moving state-to-state, whether to or from Florida, it is advisable to have your estate documents reviewed by an estate planning attorney. This does not mean that the documents will need to be revised or amended--especially with regard to a Last Will and Testament...
Do I need a Tax Id. or EIN number for my Trust?
Clients often ask their estate planning attorney whether they need a federal Tax Id. (also known as an EIN) number for their Trust. In fact, clients commonly run into third parties, such as bank representatives, who ask what the Tax Id. number is for their...
In Florida, do courts normally oversee Trust administration?
Unlike probate, Florida courts do not automatically oversee or get involved in Trust administration. Instead, they usually only get involved when an interested person invokes the court's jurisdiction relating to an issue involving the Trust. Section 736.0201 Fla....
In Florida, what can a parent as natural guardian do without court approval?
Parents of a minor child can act as natural guardians of their minor child and can act in certain limited ways without court involvement. Section 744.301, Fla. Stat. provides that when the amounts received, in the aggregate, do not exceed $15,000, no court approval is...
How often should I review and update my estate documents?
Estate attorneys are often asked by clients, how often should I review and update my estate documents? There are no hard and fast rules on this but there are some helpful guidelines. We generally recommend that clients under age 65 review and update their estate...
In Florida, can a non-resident serve as Personal Representative of a Probate Estate?
As with many things in estate law, the answer is that "it depends." In certain cases, the answer is "yes" (but this also implies that in other cases, the answer is "no"). Section 733.304, Fla. Stat. provides that a person who is not domiciled in the state cannot...
In Florida, can I contest a Will before the person dies?
With people living longer and with the ever increasing numbers of "blended" families, it is not uncommon for a family member to get suspicious about another family member having prepared or changed their Last Will and Testament in a way that may be unfavorable. As a...
In Florida, can I contest a Will before the person dies?
With people living longer and with the ever increasing numbers of "blended" families, it is not uncommon for a family member to get suspicious about another family member having prepared or changed their Last Will and Testament in a way that may be unfavorable. As a...
In Florida, can I contest a Will before the person dies?
With people living longer and with the ever increasing numbers of "blended" families, it is not uncommon for a family member to get suspicious about another family member having prepared or changed their Last Will and Testament in a way that may be unfavorable. As a...

