Recent Blog Posts
Frequently Asked Questions About Florida’s New Elder Abuse Injunction Law
Earlier this year, we discussed a proposed bill in the Florida legislature that would allow judges to issue “elder abuse injunctions” to protect vulnerable adults from exploitation. That proposal is now law. Gov. Rick Scott signed the bill on March 27, 2018, and it took effect on July 1. Here is a brief rundown… Read More »
Do I Need to Include My Timeshare in My Will or Trust?
If you’re thinking about creating an estate plan, you probably know it’s important to make provisions for your house or condo. But your estate plan must cover all of your real property. For example, what about that timeshare you bought 15 years ago? Does that also need to be addressed in your will or… Read More »
Which Family Member Has Priority to Serve as Executor of My Estate?
Estate litigation is often the consequence of a person dying suddenly and without leaving a will. Different heirs and family members may assert competing legal rights in the deceased person’s estate. Florida’s intestacy laws are designed to sort out such claims, which can still require the parties to expend a good deal of time… Read More »
A Delay in Naming a Personal Representative Can Prove Costly to an Estate in Court
An often overlooked reason for making a last will and testament is there may be a need to maintain litigation on behalf of you–or your estate–after you are gone. A common example is a wrongful death lawsuit. This is a special type of personal injury claim where your personal representative may sue one or… Read More »
Can Sending a Text Message Create a Valid Will?
Modern technology emphasizes convenience. Using our phones, we can do just about everything: order food, listen to music, read and revise business documents, et cetera. But some things still need to be done in writing–that is, on paper and not an iPad. This includes making your last will and testament. While it is certainly… Read More »
Can My Ex-Spouse Still Inherit from My Estate If I Never Changed My Will?
Estate planning is often an overlooked detail when a couple divorces. In many (if not most) cases, a person does not want to keep their ex-spouse as the beneficiary or personal representative under their will. This is why an experienced Florida estate planning lawyer will always advise a client to update a will after,… Read More »
Is It a Good Idea to Add My Child’s Name to My Bank Account?
When it comes to estate planning, many Florida residents look for shortcuts. And while there are certain legal tools you can use to minimize the burden of the probate process for your heirs, you need to think carefully before taking steps that might actually make things worse for you while you are still alive…. Read More »
How Private Is a Florida Trust?
There are many reasons that Florida residents choose to create a living trust as part of their estate plan. One commonly cited motive is the desire to keep their affairs private. But just how private is a Florida trust? Wills vs. Trusts Compared to a traditional last will and testament, a well-drafted trust offers… Read More »
When Is Summary Administration of a Florida Estate Justified?
There are situations where formal probate of a Florida estate is unnecessary. In these cases a deceased person’s heirs can file a petition for summary administration, a simplified probate process. Normally, summary administration is only available after the decedent has been dead for at least 2 years (and no prior estate was opened) or… Read More »
The “Queen of Soul” Did Not Have a Will–But You Should
There are some people who decide not to make a Florida will because they think they don’t own enough assets to justify formal estate planning. This is a fallacy for many reasons. Unfortunately, it’s a fallacy that even famous and wealthy people believe, as demonstrated by the recent news reports surrounding the death of… Read More »
