Complex Legal Challenges
When a person in Florida has a safe-deposit box at a bank or credit union, only they or persons they've authorized in writing, can access the box. So what happens if the person dies and no one else is authorized? A Florida attorney can show you where the law provides...
Florida estate planning attorneys are often asked whether assets held in a Living Trust, also known as a Revocable Trust, are protected from the creditors of the Settlor of the Trust (i.e. the person who set it up). As with so many questions under the law, the answer...
A codicil is an amendment to an existing Last Will and Testament. When a person executes a Will, he or she may amend or modify the Will at any time so long as the person is living and competent. This type of amendment is referred to by estate planning...
"Per stirpes" is a Latin term translated as "by the roots or by representation." In estate planning, the term is used to denote a method of dividing the estate of a person. A person who takes per stirpes, sometimes called by right of representation, does not inherit...
An often-used estate planning tool is a type of trust known as a "Living Trust." Once this type of trust is established, clients often ask whether it can be revoked or amended. Unless something is said to the contrary in the trust instrument itself, the answer is an...
A trustee of a trust in Florida may be removed for reasons set forth in the trust instrument itself. For example, some trusts contain provisions allowing the beneficiaries to remove a trustee--usually by majority vote. In addition to the terms of the trust itself,...
As discussed in a previous blog entry, making a qualified disclaimer can be a useful tool in estate administration. In particular, it allows a beneficiary to renounce an interest in an inheritance or gift and thereby let it pass to another beneficiary. However, what...
One definition of "disclaim" is when a person denies or renounces a claim to some thing or some right. In the context of estate administration, when a person disclaims, they are renouncing part or all of their right to receive under a Will, Trust or by operation of...
In certain situations, Florida property owners recognize the benefits of owning real property in a Limited Liability Company (LLC). In particular, such ownership can protect the owner's other assets from liability in a lawsuit. It may also make transfer at death...
Clients often approach us as elder law attorneys explaining that their elderly loved-one needs to go into a nursing home. Because of the prohibitive expense of such care, they want governmental assistance to pay for the care. Specifically, they want to qualify for the...