Recent Blog Posts
Should I Give My House to My Children Before I Die?
Many people understandably wish to minimize or avoid the need for probate of their estate. But not every means of avoiding probate is created equal. Some apparent “shortcuts” may end up creating more problems than you realize for both you and your heirs. How the “Stepped-Up Basis” Works For example, say your estate planning… Read More »
Do I Need a Will Even If I Don’t Have Much Property?
A common reason we hear people give for not having a will is, “I don’t own enough property,” or “My estate would be too small to worry about anyways.” The truth is that everyone benefits from having an estate plan. Even relatively small estates need to be dealt with under the law, and things… Read More »
TD Wealth Report Highlights Estate Planning Issues Following “Gray Divorce”
One major life event that can have a significant impact on your estate planning is divorce. And while you might think of divorce as something primarily experienced by younger people, the reality is that the divorce rate has been increasing among the over-50 demographic. This is known in some quarters as “gray divorce,” and… Read More »
Florida Court Rejects Effort to Reopen Trust Litigation After 11 Years
The purpose of creating an estate planning trust is to avoid probate. But avoiding probate does not always mean keeping the courts out of your business. There can still be disputes and legal issues that lead to trust litigation. In some cases, this litigation can be quite complex and take many years to resolve…. Read More »
How Paternity Claims Can Affect the Administration of an Intestate Estate
When you die “intestate,” that means you died without leaving a valid last will and testament. Intestate estates are distributed in accordance with Florida law. Under normal circumstances, your surviving spouse and children would be the first to inherit your intestate estate. Note that intestacy does not care about the nature of your relationship…. Read More »
Can I Ask for Compensation If I Serve as My Parent’s Legal Guardian?
When an adult is considered mentally or physically incapacitated, a Florida judge may establish a guardianship. The guardian is a person who makes financial and/or personal decisions on behalf of the incapacitated adult, who is known as the ward. By law, the guardian is entitled to “a reasonable fee for services rendered and reimbursement… Read More »
Florida’s New Electronic Wills Law Takes Effect
On January 1, 2020, Florida’s Electronic Documents Act finally takes effect. Among other provisions, this Act allows for the execution of “electronic wills.” Traditionally, a will is signed by the person making the document (the testator) in the physical presence of at least two witnesses. The witnesses do not need to read the will… Read More »
Will There Be a “Reading” of My Will?
In the recently released film Knives Out, the family of a recently deceased wealthy man gathers in his library to hear his probate attorney read the will. This “reading of the will” trope has been popular in film and literature for decades. But is it something that actually happens in real life? The short… Read More »
What You Need to Know About Organ Donation & Estate Planning in Florida
As of January 2020, there are more than 112,000 people in the United States on the waiting list for organ transplants, according to the U.S. Department of Health and Human Services. Many Florida residents are willing to serve as organ donors upon their death, but they may not understand the process for doing so…. Read More »
Judge: Blindness No Excuse for Not Understanding Trust Before Signing It
It normally goes without saying that you should never sign any legal document, particularly an estate planning instrument like a will or trust, without reading it first. But what if you are incapable of reading the document? For example, what about a person who is legally blind? In such scenarios, it is critical that… Read More »
