Complex Legal Challenges
Family law matters in Florida, including divorce, parenting and timesharing of minor children, division of assets, child support, and alimony, are governed by Chapter 61, Florida Statutes, along with applicable caselaw. These matters are said to be in “chancery.” This...
In Florida, a spouse does not have to allege or prove fault in order to have their marriage dissolved. The only element required in order to get divorced in Florida is that the marriage is "irretrievably broken." In addition, the reason the marriage is irretrievably...
Estate planning is crucial if you want to ensure that your wishes are carried out in regard to your property when you pass on. At the heart of an estate plan for many people in Florida is the drafting of a last will and testament. There are a number of ways in which a...
In Florida, a commonly used estate planning instrument is known as a “Durable Power of Attorney” (“DPOA”). This instrument is executed by a person whereby he or she appoints an agent to act on their behalf on personal, business, and financial matters. The DPOA is...
When a married person is facing divorce, updating their estate planning documents is a must. Why? Because of the potential ramifications in the event of an illness, incapacity, or death. Most married couples name their spouse on their estate documents. This might...
Non-probate assets are properties that bypass the probate process in Florida, which includes retirement accounts like IRAs and 401(k)s. Life insurance proceeds are also non-probate assets. All properties that are held in a living trust and funds in a payable-on-death...
In our estate planning practice, we regularly have parents or grandparents who are concerned about leaving an inheritance to a beneficiary who has a substance abuse problem. The concern is real in that a beneficiary who suddenly comes into a sum of money could use it...
In Florida, when a person dies intestate, i.e. without a Last Will and Testament, Florida’s intestacy statutes govern who will inherit the deceased person’s probate estate. Section 732.101, Fla. Stat. provides that: “Any part of the estate of a decedent not...
Elder laws are in place to protect the health and financial well-being of the older population in Florida and other states throughout the nation. Since those in their older years may experience cognitive decline, they're more susceptible to financial abuse than those...
When setting up an estate plan in Florida, one very helpful instrument is the “Living Trust” (also called a “Revocable Trust” or a “Revocable Living Trust”). The Living Trust is a written document into which the Grantor (the person establishing the Trust) places...