Complex Legal Challenges
As estate lawyers, we often see clients who use the terms DNR ("Do Not Resuscitate") and Living Will almost interchangeably. However, in Florida, they are different in many ways. A Living Will is a declaration made by a person as to their intentions in the event they...
In Florida, Section 736.0408 Fla. Stat. provides that a Trust may be created to provide for the care of an animal. Most estate lawyers call this type of Trust a "Pet Trust." A Pet Trust must be established during the settlor's lifetime and it terminates on...
This is another in a series of blog discussions of Florida's recently enacted changes to Chapter 825, Fla. Stat. which addresses exploitation of an elderly person or of a disabled adult. Elder attorneys often face questions about the use of funds held in joint...
This is another in a series of blog entries discussing Florida's recent changes to Chapter 825 which addresses exploitation of an elderly person or disabled adult. Guardians, trustees and those acting under a power of attorney in Florida need to take note of the...
By Florida law, exploitation of an elderly person or disabled adult can occur when funds, assets or property are temporarily or permanently deprived from them or are used to benefit someone other than the elderly person or disabled adult. This is another in a series...
In Florida, the recent amendments to Chapter 825 have broadened the definition of what constitutes exploitation of an elderly person or a disabled adult. This is another in a series of blog discussions of Florida's recently enacted changes to Chapter 825, Fla. Stat....
With Florida's extensive population of retired persons, the issue of exploitation of the elderly is a recurring topic. Practicing elder lawyers regularly face issues pertaining to this subject. This is the first in a series of blog discussions of Florida's...
The answer depends on whether the deceased person had another person as an authorized co-lessee (or "owner") of the box and whether that person has a key. If not, resort to the probate court may be needed. When there is no co-lessee with a key, a court order is...
In addition to the time frame set forth in Florida's non-claim statute (contained in Section 733.702 of Florida Statutes), the Florida Probate Code establishes a two-year statute of limitations for asserting claims against the decedent and the decedent's probate...
While Florida's non-claim statute is viewed as being harsh due to its consequences if not followed in a timely fashion, there are some exceptions in which certain claims are not barred. Florida's non-claim statute set forth in Section 733.702 of Florida Statutes...