A Florida business owner should be aware that their company is just as much a part of their assets as their home and vehicle. If an owner passes away without planning their estate, the state will decide how the business is divided up. It's important for business...
When a formal probate is opened in Florida, the court will appoint a person to serve as Personal Representative (in other states, this is sometimes refer to as an “Executor” or “Administrator”). A common question which we run into in our estate practice is “Who is...
When many people think about drafting a will or creating a trust for distributing money, a house or even a business, most only consider those tangible possessions and who will receive them. That’s understandable as estate plans almost always comprised only property...
The reason why the public is encouraged to get their affairs in order before they pass away is so that their assets are distributed according to their wishes. The process of ensuring that each asset makes it to the correct heir is called probate. If all the...
In this era of COVID-19, many of us have been alerted to the fact that we could become suddenly ill and be unable to speak or act for ourselves. If you are an adult and you become incapacitated, who can speak for you on important issues such as healthcare and medical...
When people in Florida are creating an estate plan, they might want to consider using a trust instead of a will as the main vehicle. There can be a number of advantages to a trust. Assets in a trust do not have to go through the probate process, which can take months...
People in Florida should consider creating an estate plan even if they think they are too young for one. Without an estate plan, a court may make a decision about how a person's assets will be distributed along with who will care for their children. A court may also...
When a person dies resident in Florida, their original Last Will and Testament (“Will”) must be deposited with the Probate Division of the Clerk of Court of their county of residence. The applicable statue governing this procedure is Section 732.901, Fla. Stat....
In our estate planning practice, we often are asked whether a Trust is the same thing as a Last Will and Testament (“Will”). If fact, many times we hear clients refer to them interchangeably. However, a Will and a Trust are not the same. Understanding their...
One thing that most of the world does not understand is the complications that arise in high-asset estate planning. Most people think that increased assets means nothing more than additional zeros at the end of every figure. This could not be further from the truth....