Author Archives: Site Administrator
Does Court’s inaction on gay marriage effect estate planning?
As the gay marriage issues grabs more headlines many local Florida residents wonder what the practical consequences of the changing laws are and whether they will be affected. One of the biggest effects for states that recognize gay marriage will come in the form of changes to the application of probate laws. Currently, every… Read More »
Fort Myers trustees and trust administration
Trusts are becoming more and more common in the estate planning process. From revocable living trusts, which exist during a trustor’s lifetime, to a testamentary trust created by someone’s last will, trusts can and do arise in a multitude of situations. In their simplest form, trusts are nothing more than an entity, which controls… Read More »
Strange probate litigation ends up in Florida appellate court
Everyone know that courts are in place to resolve disputes. Given the costs, administrative headaches and public nature of those courts, however, most disputes brought before them are high dollar matters. Nevertheless, probate litigation is still an area where less financially charged conflicts are being fought. For instance, a Florida appellate court recently heard… Read More »
Florida probate laws lay Groundwork for efficient administration
Like most states, Florida has a lot of laws. These laws are codified and made available to the public. While many of them may not interest the average Floridian, the probate laws may be interesting to those tasked with administering an estate. These statutes set forth such things as will formalities, intestate succession and… Read More »
Proper execution of a will is not automatic in Florida
When someone dies, the distribution of their assets is determined by local laws. Here in Florida, the distribution of assets is first decided by the person’s will, also known as a last will and testament. In its most basic form, this document is nothing more than a recitation of a person’s desires when it… Read More »
Florida Judge experienced at preventing undue influence
Broward Circuit Judge Mel Grossman certainly has some interesting stories to tell after 36 years as a Florida judge. From cases involving well known entertainers to notorious motorcycle gangs, the judge knows how litigation can stir emotions. His proudest achievement, though, is shaping the local probate court, which has become a federally recognized model… Read More »
Florida estate planning nightmares
Despite the stakes, many local Florida residents are surprisingly hands-off about what will happen to their assets after they die. Often times, when these individuals finally decide they want to direct their inheritance, they are too weak or disabled to fully engage in effective estate planning. While default laws are meant to assume the… Read More »
Florida courts help heirs through estate administration
This blog regularly reports on the difference between a will and a trust. The most commonly cited difference is that trusts are private documents which can be administered, generally, without court supervision. Wills on the other hand must go through a probate process that is overseen by Florida courts. After decades of guiding heirs… Read More »
Robin Williams’ Estate Planning Provides Lessons for Floridians
If there is a silver lining to tragic celebrity deaths it is the massive amount of media attention which can shed light on issues we often choose to ignore. From Phillip Seymour Hoffman’s substance abuse to Robin Williams’ depression, public tragedies may allow us to recognize challenges faced by loved ones and jump start… Read More »
Florida judge grants gay widower probate litigation win
A Palm Beach judge recently ruled against Florida’s gay marriage ban by allowing a man to serve as the personal representative of his husband’s estate. The Pennsylvania couple had been together for 37 years before marrying in Delaware in 2013. In 2008, they decided to buy a South Florida home. For financial reasons, only… Read More »
