Recent Blog Posts
Why Does It Matter if an Individual or Charity Is a “Qualified Beneficiary” of a Florida Trust?
When you create a trust, you typically name one or more beneficiaries who are entitled to the trust’s income or principal. Under Florida law, the trustee must subsequently keep any “qualified beneficiaries” of the trust “reasonably informed” of the trust’s administration and activities. For instance, the trustee must provide each qualified beneficiary with a… Read More »
Can a Deceased Medicaid Recipient’s Estate Challenge the Amount of an AHCA Lien?
There is an issue that often comes up in Florida probate administration that has to do with Medicaid. As you probably know, many Florida residents require Medicaid to pay for their medical and long-term care. What you may not know is that once a Medicaid recipient dies, AHCA is legally required to try and… Read More »
How a Personal Representative’s Bond Protects a Florida Probate Estate
When opening a new Florida probate estate, the court may require the personal representative to obtain a bond. The purpose of this bond is to guarantee the personal representative actually performs his or her duties in good faith. In the event the personal representative’s misconduct or negligence results in a loss to the estate,… Read More »
What Does It Mean to “Marshal” an Estate’s Assets?
One of the key tasks of estate and probate administration is “marshaling” assets. This basically means that when a new estate is opened, the personal representative is legally required to locate and take charge of any probate asset belonging to the deceased individual. If the personal representative neglects this responsibility and fails to locate… Read More »
My Mother Died With Just $500 in Her Checking Account – Do I Need to Open a Probate Estate?
Some people think that when a family member dies, that means there must be a probate estate. In fact, there are many situations where a person does not leave any assets that are subject to probate–i.e., they were placed into a trust or subject to joint ownership. But what about cases where someone only… Read More »
Can You Trust Your Children With Your Trust?
Creating a trust quite literally means trusting someone to administer the trust’s assets in accordance with your instructions. Many Florida residents trust their family members to serve as faithful trustees. But unfortunately, there are cases where a family member breaches their duty to the trust–and other family members–and misappropriates the trust’s assets for their… Read More »
Own a Florida Business? Make Sure You Name the Right Executor for Your Estate
When you own a business, its debts do not die with you. Instead, they must be addressed as part of the probate administration process. This means that you need to make sure the executor or personal representative named in your will is capable of handling or winding up the affairs of your business–otherwise your… Read More »
The Impact of Divorce on Your Life Insurance Policy
In a recent post, we discussed the potential impact of a divorce on your estate planning. One issue we raised was the need to review–and possibly revise–the beneficiary designations on assets like retirement accounts and life insurance policies. But there is an important caveat to this advice: You need to ensure any beneficiary designations… Read More »
Can I Sue a Family Member’s Estate in Federal Court?
In the United States there are both federal and state courts. The state courts are generally responsible for estate and probate administration. In other words, when a Florida resident passes away, his or her estate will be administered by a state probate court. But what happens if someone files a lawsuit against the estate… Read More »
Is a Will Executed in a Foreign Country Valid in Florida?
Florida is home to immigrants from around the world. However, many people settle in Florida without taking the time to learn about local laws pertaining to subjects such as estate planning. So when they pass away in Florida, these individuals may not have left a will executed under Florida law–although they may have a… Read More »
