Monthly Archives: August 2019
What Is a Qualified Terminable Interest Property (QTIP) Trust?
There are many reasons a married couple may wish to create a trust as part of their estate plan. In some cases, a trust can offer certain tax benefits. But on a more personal level, a trust can help manage a more complex family situation, especially those involving multiple marriages or children from different… Read More »
Is Medical Malpractice a Form of Elder Abuse in Florida?
Florida law provides strong protections against elder abuse. For example, under Section 415.1111 of the Florida Statutes, if a “vulnerable adult” has been abused, they can file a civil lawsuit “against any perpetrator and may recover actual and punitive damages for such abuse, neglect, or exploitation.” However, it is important to note that this… Read More »
Can a Florida Judge Appoint a Guardian Without First Conducting a Hearing?
An adult guardianship is often necessary to ensure someone has the ability to make legal, financial, and health care decisions for a physically or mentally incapacitated adult. But requesting a guardianship can be contentious, especially when the allegedly incapacitated adult objects. And even where there is evidence of incapacity, the courts must still respect… Read More »
Does Florida Permit Lawsuits for “Tortious Interference” with an Expected Inheritance?
There is a special type of claim that occasionally comes up in probate law known as “tortious interference.” Let’s say Lewis makes a will leaving his estate to his daughter Sarah. But Lewis subsequently makes a new will disinheriting Sarah. Sarah believes her father’s change-of-heart was due to the fact he was under the… Read More »
Do I Need to Include Intellectual Property in My Estate Plan?
When a famous singer dies, you often hear news reports about the legal fate of their song catalog or other “intellectual property” (IP) rights. Many of us do not consider IP when making our own estate plan. But even if you never became a millionaire writing books or inventing new technologies, you might still… Read More »
Does My College-Bound Child Need an Estate Plan?
For many Florida parents, the relief of watching their children graduate from high school will quickly turn to apprehension as they go off to college this fall. In addition to starting at a new school, these college-bound kids are now (mostly) legal adults. What does this mean in terms of estate planning? Does your… Read More »
How Your LLC May Affect Your Estate Plan
Many Floridians own their own business. But what happens to such business, at least from a legal standpoint, if the owner suddenly passes away? The answer to this question depends greatly on the business’ legal structure and governing documents. Let’s take a relatively simple example. Abigail and Leah decide to start a consulting business… Read More »
What Is Your “Domicile” for Estate Planning Purposes?
Where you live at the time of the death plays a critical role in the administration of your probate estate. This is because your “domicile” normally determine what state’s law applies to the probate proceedings. For example, if Mary owned homes in Florida and South Carolina but lived full-time in her Florida house when… Read More »