Recent Blog Posts
Protecting Your Estate Plan During Florida’s Hurricane Season
As we enter another potentially deadly Atlantic hurricane season here in Florida, it is important to think about how you can protect certain critical estate planning documents in the event you are forced to suddenly evacuate your home. After all, if you have gone to the trouble to make a will or trust but… Read More »
Can My Florida Trust Be Modified After I Die?
Generally speaking, if you create a revocable living trust as part of your estate plan, the trust becomes irrevocable upon your death. In other words, your successor trustee cannot unilaterally modify the terms of the trust. In some situations, however, a Florida probate court can “modify the terms of a trust” if it is… Read More »
How Can I Limit My Florida Power of Attorney?
Many people are put off by the idea of a Florida Power of Attorney because they fear giving someone else complete control of their property and finances. But powers of attorney are not an all-or-nothing proposition. To the contrary, you are free to grant as many, or as few, powers to your agent as… Read More »
Is the Executor of My Estate Entitled to Compensation?
A personal representative (or executor) is the person charged with overseeing the administration of your probate estate. This is often a family member, but it can also be your attorney or even a professional fiduciary. Regardless of whom you appoint as your personal representative, you should be aware of how Florida law provides for… Read More »
What Are Irrevocable Trusts–and Why Would I Need One?
Whenever you hear estate planning lawyers talk about trusts, they are generally referring to “revocable” trusts. That is, a trust that can be modified or revoked at any time by the settlor, i.e. the person who makes the trust in the first place. Revocable trusts generally serve one critical purpose: to keep the settlor’s… Read More »
Who Is Considered a “Surviving” Spouse Under Florida Law?
An issue that frequently comes up in Florida estate and probate administration is the need to seek damages against the person or persons responsible for the decedent’s death. Like most states, Florida has a wrongful death statute. This authorizes the personal representative of a decedent’s estate to file a lawsuit against the negligent parties… Read More »
Can My Relatives Claim My House Even If My Will Says Otherwise?
Clarity is crucial when making a last will and testament. If there is any ambiguity in the terms of your will or a related estate planning document, your heirs or relatives might try to take advantage of the situation after your death. In effect, they could attempt to argue that you did not say… Read More »
Can I Take Money Out of My Child’s Custodial Account?
We recently discussed the Florida Uniform Transfer to Minors Act (FUTMA), a state law that addresses situations where someone wishes to leave a gift of money or property to a minor. Under the FUTMA, the gift is turned over to a custodian–typically the minor’s parent or legal guardian–who holds the money or property on… Read More »
What Happens to a Parent’s Child Support Obligations After Death?
Most Florida parents do right by their children. Unfortunately there are cases where a non-custodial parent fails to meet his or her child support obligations. If that parent dies and still owes back child support, the question naturally arises, does the custodial parent–or the child themselves–have the right to seek payment from the probate… Read More »
What Happens to My Florida Estate If I Have No Estate Plan or Living Relatives?
If you fail to create an estate plan during your lifetime, there is a chance that your property will be turned over to the State of Florida upon your death. The legal term for this is “escheat.” Under Section 732.107 of the Florida Statutes, “When a person dies leaving an estate without being survived… Read More »
