Monthly Archives: April 2020
What Happens If I Revoke My Trust?
We often refer to estate planning trusts as “living trusts” or “revocable trusts.” But what does it mean to revoke a trust? How would you do it? And what would the impact be on your property and estate plan going forward? First, let’s review how a living trust works. Most living trusts are made… Read More »
How Can I Ensure My Estate is Probated in Florida?
Florida is well-known as a retirement destination or “second home” for many people. But this can present certain complications when it comes to estate planning, and eventually the probate of a person’s estate. From a legal standpoint, a person may have many “residences” but only one “domicile.” Your domicile is your main place of… Read More »
Florida Bar Issues Estate Planning Guidance for COVID-19 Emergency
During the ongoing COVID-19 pandemic, all Florida residents are advised to practice “social distancing.” This presents unique challenges for estate planning. Many critical documents, such as a last will and testament, need to be signed in the presence of other witnesses. Other documents must be notarized. But if you are unable to leave your… Read More »
The Effect of Divorce on Non-Probate Transfers of Property in Florida
In estate planning law, we often talk about “probate” and “non-probate” transfers of property. The difference between the two is simple. When property is transferred at death according to the terms of your will, that is a probate transfer. If the property is transferred through some other means, it is a non-probate transfer. Two… Read More »
What Is the “Probate Exception” and How Could It Affect My Future Estate?
Probate estates are administered under state law. That is to say, when you open an estate for a deceased person, you do so by filing a petition with a Florida state court, which oversees the proceedings. Federal courts typically do not get involved with the administration of estates under a judicial rule known as… Read More »
What Happens to My Savings Bonds After I Die?
Consider the following scenario. Jane’s mother recently passed away. While going through her mother’s papers, Jane finds an envelope containing several U.S. savings bonds issued to her mother more than 30 years ago. So what should Jane do with these bonds? Are they part of her mother’s estate? Can Jane simply go to the… Read More »
Who Pays for Estate Litigation in Florida?
Estate litigation broadly refers to disputes involving the administration of a person’s will or probate estate. For example, someone may contest the validity of the will itself. In other cases, there may simply be a disagreement over the proper construction or interpretation of the will. Of course, such litigation can be costly for the… Read More »
What Are a Parent’s Rights in a Florida Guardianship Proceeding Involving Their Child?
Many Florida parents find themselves acting as guardians for their incapacitated adult children. But keep in mind, parents do not have an automatic right to act as guardian without restriction. Adult guardianships are subject to active court supervision. This means a judge can remove a parent as guardian and replace them with someone else… Read More »