As with most questions under the law, the decision whether a person should leave an inheritance to a disabled beneficiary is that "it depends." However, in most instances, if a beneficiary is disabled or incapacitated, you should consider whether a special needs trust...
Complex Legal Challenges
Probate
In Florida, are there any good reasons to open a probate?
Many experienced estate attorneys in Florida will advise that it is often best to do everything reasonably to try to avoid probate. In some instances, the question arises whether there is any good reason to open a probate. In the right situation, the answer can be a...
In Florida, does a Court have authority to modify a Trust?
Like many questions under the estate and probate law, the answer depends on a number of factors. Typically, if a Trust is still revocable, meaning that the Grantor who established the Trust is still living and competent, then a Court is not normally authorized...
How can I disclaim an inheritance in Florida?
Under certain situations, a beneficiary of a deceased person's estate may wish NOT to receive the inheritance that was left to them. By law, they can "disclaim" all or part of the inheritance and thereby not receive what the decedent left them. Accomplishing this is...
In Florida, should you transfer your vehicles into your Trust?
A frequently employed estate planning instrument is the Living Trust or Revocable Trust. Such a Trust can minimize or avoid probate altogether. In order to be effective, the Trust should be funded, i.e. assets should be transferred into it. Clients establishing...
In Florida, can you lose the right to challenge who serves as Personal Representative?
Timing can mean everything in probate--including when to challenge a person being appointed as Personal Representative of an estate. As with objecting to a Will, Florida law provides a mechanism for any interested person (beneficiary, creditors, etc.) to be put on a...
In Florida, can you lose the right to challenge a Last Will and Testament?
A Last Will and Testament can be challenged in Florida but the timeframe to do so is not always open-ended. Florida law provides a mechanism for any interested person (beneficiary, creditors, etc.) to be put on a "time-clock" to object to a Will. The document...
In Florida, what makes a Power of Attorney “Durable”?
Estate planning lawyers often use the term "Durable Power of Attorney" and although many people know what a Power of Attorney ("POA") is, they often do not understand what it means to say that the POA is "Durable." Under Florida law, if a POA is Durable, it...
DNR or Living Will–What’s the difference?
As estate lawyers, we often see clients who use the terms DNR ("Do Not Resuscitate") and Living Will almost interchangeably. However, in Florida, they are different in many ways. A Living Will is a declaration made by a person as to their intentions in the event they...
In Florida, can a Trust be established to care for a person’s pets?
In Florida, Section 736.0408 Fla. Stat. provides that a Trust may be created to provide for the care of an animal. Most estate lawyers call this type of Trust a "Pet Trust." A Pet Trust must be established during the settlor's lifetime and it terminates on...