Recent Blog Posts
When Can My Children Challenge My Will?
One of the main reasons for drafting a Florida will is to minimize the opportunity for fights among your children (or other family members) after you die. Unfortunately, even with a will things do not always go smoothly. If one of your children suspects your will was the product of undue influence or fraud,… Read More »
Florida Supreme Court Clarifies Restrictions on Marriage Rights for Persons Under Guardianship
Establishing a Florida guardianship means restricting a person’s legal rights. Under Florida law, this can include removing a guardianship ward’s right to vote, hold a driver’s license, seek employment, or even marry. And even when these rights are not removed outright, the courts may still impose certain restrictions if they are deemed in the… Read More »
How Florida’s “Slayer Statute” Can Affect Your Estate Plan
In the normal course of events, when you die your property passes as directed by your Florida will or trust. The courts will typically not second-guess your estate planning choices. If you want to leave a greater share of your estate to one child–or give your spouse everything and your adult children nothing–that is… Read More »
What Are the Rules for Establishing a Florida Guardianship?
Florida guardianship cases must follow certain rules spelled out in state law. After all, when a guardianship is established, the subject loses certain legal rights, including the ability to make basic choices about their finances and living arrangements. It is therefore critical that the parties to a guardianship proceeding ensure the subject receives due… Read More »
How Ancillary Probate Affects Your Florida Property
Many people use Florida as a second home–perhaps maintaining a vacation property in the Fort Myers area–while continuing to reside full-time in another state. So how do you dispose of your vacation home under Florida law? Is your out-of-state will valid here? Do you need to create a separate will? Are there special rules… Read More »
Palm Beach Court Rejects Efforts to Sue Professional Guardian
Florida guardianship practices continue to draw media and legal scrutiny. Recently a state court in Palm Beach brought an anticlimactic resolution to a long-running dispute over alleged guardianship fraud. The case reiterates the importance of careful estate planning to avoid the necessity for a guardianship in the event the worst happens to you. According… Read More »
Preventing Elder Abuse in Florida Guardianships
Elder abuse is an all-too-common problem in Florida. The state’s most vulnerable residents are frequently the victims of unscrupulous strangers, caregivers, and even family members who take advantage of the person’s declining mental and physical condition. In theory, Florida law protects these individuals through the appointment of a guardian–either a close relative or a… Read More »
Can Your Email Provider Refuse to Give Your Estate Access to Your Account?
In 2016, the Florida legislature adopted the “Fiduciary Access to Digital Assets Act.” This law, for the first time, created a formal legal process in Florida whereby a person could authorize an agent (through his or her estate plan) to access their various online accounts, including their email and social media. Such legislation was… Read More »
Will Congress Abolish “Stepped-up Basis” as Part of Tax Reform?
Republican leaders in Congress recently released an outline of their massive tax reform proposal. As we discussed recently, such talk should not delay your own estate planning. But you still need to keep an eye on the political negotiations over tax reform, as many of the yet-to-be-decided details may force you to rethink some… Read More »
How Do Virtual Currencies Fit Into Your Estate Plan?
Estate planning is more than just writing up a will. It is important to take account of what assets you own and ensure the personal representative and beneficiaries named in your will be able to access and enjoy those assets after you die. This is not difficult when it comes to most types of… Read More »
