Recent Blog Posts
Will My Florida Small Business Die With Me?
Many Florida residents have, or plan to set up, their own small business. There a number of legal challenges every small business owner faces. But one question that many forget to ask until it’s too late is–What happens to the business when I die? The answer to this question greatly depends on how the… Read More »
How an Irrevocable Trust Can Lead to Litigation
Although many Florida estate planning trusts are revocable by the settlor–i.e., the person making the trust–there are also situations where an irrevocable trust may be used instead. As the name implies, an irrevocable trust cannot simply be amended or ended by the settlor at-will. And in fact, if there are problems with the administration… Read More »
Does Your Estate Plan Include Your “Digital Assets”?
In a recent post, we noted the passing of Paul G. Allen, one of the co-founders of Microsoft. Allen’s will was recently filed for probate in Washington State, and while it is a largely boilerplate document–he left his estate to his revocable trust–it does contain one notable provision. The will expressly defines Allen’s “digital… Read More »
How Will My Trust or Estate Know What I Own?
Proper estate planning is not limited to making a will or trust. You also need to make sure the persons charged with administering that will or trust know how to locate all of your assets. At first glance, this might seem like a simple task. But considering how modern technology allows us to maintain… Read More »
Getting a Divorce? You Need to Review Your Estate Plan
Even in the best of cases, a divorce is a difficult process for all of the parties involved. Ending a marriage means unwinding a complex web of financial and legal relationships. And one subject that often gets overlooked in the divorce process is estate planning. Indeed, many people do not even think to review… Read More »
What Are the Estate Planning Implications if My Spouse and I Die at the Same Time?
The recent death of former President George H.W. Bush came just seven months after the passing of his wife, former first lady Barbara Bush. It is actually not unusual for longtime spouses to die within months–or even days–of one another. In fact, doctors have even documented broken-heart syndrome, which is a “temporary heart condition… Read More »
Understanding Florida Probate Deadlines
One of the basic principles of Florida probate administration is that there are certain legal deadlines for creditors to present claims against an estate. The way the process normally works, the personal representative (executor) of the estate publishes a notice in the newspaper. This notice says that anyone with a claim against the estate… Read More »
What Are the Signs of Undue Influence?
One of the common reasons people contest a Florida will is undue influence. But what exactly does this mean? The Florida Supreme Court has broadly defined it as “overpersuasion, coercion, or force that destroys or hampers the free agency and will power of” the person making the will (who is known as the testator)…. Read More »
Should I Include Funeral Instructions in My Will?
An often overlooked area of estate planning is making funeral, burial, or cremation arrangements. Under Florida law, you have the right to leave written instructions on how you want to dispose of your remains, and your wishes are binding on your family. If for any reason you choose not to leave instructions, the law… Read More »
How Is a Florida Estate Distributed If There Is No Will?
There is no good reason not to have a will or trust. A good estate plan ensures your property is distributed according to your wishes after you pass away. But if for some reason you do not leave a will (or place your property into a trust), Florida law determines what happens to your… Read More »
