Complex Legal Challenges
Although it is unthinkable, imagine a scenario where husband and wife die at the same time. Even though it may seem unlikely, it happens. Just this past year our firm handled the probates of a husband and wife who were killed instantly in a car accident. When spouses...
The unexpected loss of a loved one can be devastating for a Florida family, especially if the death was the result of an accident. It is particularly traumatic to learn that the negligent or reckless actions of another person are the reason why your loved one died. In...
Having a Living Trust has a number of advantages. A person can set up the Trust so that their assets can by-pass probate. This saves on time and expense in the distribution of the person's assets. In addition, by not going through probate, the distribution is private...
When you begin the estate planning process, certain decisions have to be made by you. As it comes to your beneficiaries, you have to decide who will receive your assets and in what amounts or percentages. When it comes to distributing your estate, you must decide who...
As an estate planning lawyer, I sometimes have a client ask whether they are entitled to inherit from their spouse. In other words, can their spouse cut them out of an inheritance? For the most part, the answer is that one spouse cannot be "written out" altogether...
In Florida, a Last Will & Testament or a Trust can be contested for a number of reasons, including fraud, duress and undue influence. In the case of undue influence, if a substantial beneficiary under a Will or Trust occupies a confidential relationship with the...
Many times clients who have a Living Trust ask whether they also should also have a Last Will & Testament. After all, doesn't the Trust do essentially everything without needing the Will? Most experienced estate planning lawyers would agree that the answer is a...
In a recent blog, I discussed the difference between naming consecutive or successor agents versus naming co-agents in a Durable Power of Attorney ("DPOA"). A common question we hear when naming co-agents is whether they must act together. Stated another way, if...
An essential document in any Florida estate plan should include a Durable Power of Attorney ("DPOA"). This document allows a person to designate another person or persons to act on their behalf in connection with personal, business and financial matters. A DPOA is...
When a person dies and a probate is opened in Florida, expenses and claims of creditors get paid in a certain order. This becomes especially important to understand when there are not enough assets (i.e. money) to go around. Section 733.707 of Florida Statutes...