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Recent Blog Posts

Probate2

Can You Sue an Executor After an Estate Is Closed?

By Rusty |

Although most Florida probate estates are administered without incident, there are cases where an heir or beneficiary may have reason to believe the executor is not adequately performing his or her duties. Florida probate law provides a number of ways for beneficiaries to address their concerns during the estate administration process. But what about… Read More »

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EstPlan3

What Happens to an Insolvent Estate in Florida?

By Rusty |

Suppose you had a wealthy relative who named you as a beneficiary in his last will and testament. You would probably assume this guarantees you a substantial inheritance when the relative dies. But sometimes outward appearances of wealth are deceiving. In fact, when that relative does pass away, you might be surprised to learn… Read More »

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EstPlan4

4 Estate Planning Lessons We Can Learn from Microsoft Co-Founder Paul Allen

By Rusty |

On October 15, Microsoft co-founder Paul Allen passed away due to complications from non-Hodgkin’s lymphoma. At the time of his death, Allen was one of the wealthiest men in the world. His assets included two professional sports teams–the NFL’s Seattle Seahawks and the NBA’s Portland Trail Blazers–and he was also a noted philanthropist. Although… Read More »

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Will4

Can I Contest a Will Before Someone Dies?

By Rusty |

For many people, making a will is not a one-time deal. Throughout your life you may create, revise, or revoke several different wills as your circumstances change. Of course, whenever you do make changes to your will, some family members (or other interested persons) may object. But is there anything they can do about… Read More »

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Inherit

How Long Should I Delay My Children’s Inheritance?

By Rusty |

Many Florida residents make an estate plan when their children are still young. But even if you have children who are now all grown up, you might still think they are not ready to handle a large inheritance from your estate should something happen to you right now. So what are your options for… Read More »

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ElderLaw2

What Is a Charitable Remainder Trust?

By Rusty |

Trusts serve many functions in estate planning. One is to ensure assets do not go through probate after a person dies. But trusts can also help you save on your taxes while you are alive. A good example of this is a charitable remainder trust, which is a special type of estate planning trust… Read More »

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Will6

Can I Use a “No-Contest” Clause in My Florida Will or Trust?

By Rusty |

One of the biggest reasons people make an estate plan is to minimize the potential for litigation among family members. You have no doubt seen stories in the news about heirs fighting for years in court over a loved one’s estate. In some of these cases they are not even fighting over a particularly… Read More »

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EstPlan7

How Does a Reverse Mortgage Affect My Estate Plan?

By Rusty |

Many elderly Florida residents have trouble paying their bills each month. For those residents who own their homes, a so-called “reverse mortgage” may provide the answer to their cash-flow problems. A reverse mortgage–which is known in legal terms as a “home equity conversion mortgage”–is basically a loan the homeowner does not have to pay… Read More »

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ElderLaw3

How Do I Get a Court to Appoint a Guardian for a Family Member?

By Rusty |

If you have an adult family member who is incapable of caring for themselves due to a physical or mental condition, it may be necessary to establish a legal guardianship for that person. A guardian is basically someone appointed by a judge to make decisions on behalf of an incapacitated person, who is known… Read More »

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EstPlan8

What Is “Exempt Property,” and How Does It Affect My Florida Estate Planning?

By Rusty |

There are a number of unusual legal terms you may come across when preparing your Florida estate plan. One of them is “exempt property.” This term appears in a specific Florida statute that is part of the state’s overall laws governing individual estates. So what does it mean? And is it something you need… Read More »

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