If a person dies resident in Florida, there are some informal ways to determine whether a probate estate has been filed and there is a formal way. While the informal way involves little or no expense, it has its limitations. The formal way is more reliable, but can...
Complex Legal Challenges
Probate
What is a “Restated” Trust and what are its benefits?
One of the nice aspects of a Living Trust is that is can be amended, i.e. changes can be made as long as the settlor is alive and competent. After establishing a Trust, a settlor may decide to make some amendments and it is not uncommon for the attorney doing the work...
What’s the best way in Florida to leave personal items, like jewelry or sentimental items, to a beneficiary?
In setting up your estate plan, there are two main ways to leave items of tangible personal property ("TPP"), such as jewelry or sentimental items, to a beneficiary. You can either make a "specific devise" in your Will or you can include a provision in your Will which...
What is a “Special Needs Trust?”
A Special Needs Trust is an irrevocable trust that is set up to provide for certain needs of a disabled person. The trust may supplement the person's needs but may not duplicate those needs provided by governmental disability programs such as SSI and Medicaid. ...
In Florida, what assets of an estate are considered exempt property?
Section 732.402 Fla. Stat. sets forth provisions for determining what assets comprise exempt property under the estate of a deceased person. If a decedent was domiciled in Florida at the time of death, the surviving spouse, or, if there is no surviving spouse, the...
Are there “down-sides” to using an Enhanced Life Estate Deed?
As discussed in a prior blog entry, an Enhanced Life Estate Deed is a type of deed which provides the grantor with certain rights during life, with the remaining interest to go to a named person at the grantor's death. This can be a helpful estate planning tool....
What is an Enhanced Life-Estate Deed?
An Enhanced Life-Estate Deed is a type of deed used in estate planning which provides the grantor with certain rights during life, with the remaining interest to go to a named person at the grantor's death. In some states other than Florida, this type of deed is...
In Florida, does a Living Trust protect against claims by a creditor?
When clients ask about setting up a Living Trust (also known as a Revocable Trust), they often want to know if the Trust protects against the claims of a creditor. The answer, like many things in the law, is that "it depends." For the most part, a Living Trust is...
If I die, how can I protect my pet in Florida?
To many persons, their dog, cat or other pet is like part of the family. More and more, people desire to make arrangements for the care of their pet through their estate plan. A trust can be set up through which the pet's needs can be addressed. Under traditional...
In Florida, who can bring a wrongful death action?
In Florida, the state's wrongful death statute contained in Chapter 768, Florida Statutes, specifies that only the Personal Representative of the deceased person's estate may bring a wrongful death action. The Personal Representative brings the action seeking to...