Many people need help in their later years, especially when creating their estate plan. This complex task often leads people to turn to both loved ones and legal counsel for input and guidance. When, though, does assistance become undue influence, and what impact can...
Throughout the Florida Probate Code (contained in Chapters 731-735, Fla. Stat.) and the Florida Rules of Probate Procedure, the term “interested person” is frequently used for purposes of deciding a number of important rights or obligations. In many instances, only an...
In Florida, many people are concerned that they will become ill or incapacitated and subjected to treatments they might not want. In other cases, they will need a person with their best interests in mind to oversee their affairs. With a living will and power of...
In Florida, a Revocable or Living Trust is a commonly used estate planning tool. This type of Trust allows assets held within the Trust to pass without probate. Such a Trust also allows assets to be held in the Trust and distributed to beneficiaries over time. In...
“How often should I come back to see you for a review of my estate planning documents?” This is a question which clients frequently ask us in our estate practice. In order to answer this question, first we should state that there is no one answer that “fits all.” As...
Dogs can be great household pets, but not all dogs are given the love and care that they need to be safe companions. Throughout Florida, individuals of all ages suffer injuries when they are attacked by dangerous and violent dogs. Often, the location of a dog attack...
In our firm’s estate planning practice, we commonly help clients set up a “Living Trust” (also called a “Revocable Trust” or a “Revocable Living Trust”). In this blog, we will simply call it a “Trust.” Establishing a Trust has many benefits, including avoiding probate...
Going through the administration process of a loved one’s estate can be a confusing and difficult process. You may not be aware of all the potential issues and complications that can come with the probate and estate administration process. Estate administration has...
When an incapacitated person in Florida needs a guardian, an interested person, such as a family member, may petition the probate/guardianship court for a determination of incapacity and for appointment of a guardian. Once these pleadings are filed with the court, the...
Under a Florida Durable Power of Attorney (“DPOA”), a principal person may give another person (often called an “agent”) the authority to act for the principal on various personal and financial matters. These may include authority such as selling real estate, paying...