Recent Blog Posts
Can a Trustee Go to Jail Over Their Handling of a Trust?
Disputes over the handling of a loved one’s estate are not uncommon occurrences. What is uncommon is for a person to go to jail over such disputes. Yet this is exactly what happened recently to a 73-year-old Navy veteran from Michigan. According to a January 3, 2020, report in the Detroit News, Fred Smith… Read More »
How the New SECURE Act May Affect Your Retirement, Estate Planning
A key part of estate planning is making provisions for your retirement accounts. For example, if you have an IRA, you need to name a beneficiary who will receive benefits upon your death. If you are married and name your spouse as beneficiary, they can effectively treat the inherited IRA as their own and… Read More »
Will Your Family Be Allowed to Access Your Apartment After You Die?
When a person dies, there are a number of legal and logistical issues that need to be addressed. For instance, if the deceased was renting their home, someone may need to gain access to the property to recover certain personal items, or even legal documents such as a will. Unfortunately, family members often discover… Read More »
What Is a Codicil?
You may have heard the word “codicil” used in connection with a last will and testament. For example, many wills contain language that state they “revoke all former will and codicils.” But what exactly is a codicil–and more importantly, is it something you need to include in your own estate plan? A codicil is… Read More »
What Is an Estate Accounting?
One of the critical tasks for a personal representative administering a Florida probate estate is to prepare a final accounting. Typically, the personal representative must file this accounting with 12 months of the formal opening of the state. In addition to filing the final accounting with the court, the personal representative must also provide… Read More »
How Often Do I Need to Revise My Estate Plan?
Many Florida residents treat estate planning as a one-time affair. They think that once they have made a will and signed a power of attorney, they never need to think about estate planning again. But in practical terms, this makes little sense. After all, your family and financial situation does not remain static throughout… Read More »
Can Another State Order My Executor to Sell My Florida Home?
One of the cardinal principles of probate in the United States is that it a state-specific process. That is to say, when a Florida resident dies, their estate is subject to probate in Florida, at least with respect to any property that is located or situated within this state. If a Florida resident owns… Read More »
Recent Twitter Uproar Highlights Problem of Deceased User’s Accounts
Twitter recently faced criticism from its users after the social media network revealed plans to delete accounts that had been inactive for at least six months. As National Public Radio noted, the announcement “sparked a mass panic” from users who “returned to the platform for the sole purpose of saving their accounts.” But there… Read More »
Can a Deceased Person File a Lawsuit in Florida?
One area of estate and probate administration that often confuses people is the status of any lawsuits–or potential lawsuits–involving the deceased individual. To set the record straight, a dead person cannot sue in Florida courts. But that does not mean that any lawsuit pending at the time of the person’s death goes away, or… Read More »
Florida Courts Divided Over Homestead Exemptions for Co-Ops
Florida provides a generous homestead exemption for its residents. This exemption means that most creditors cannot force the sale of a person’s primary residence in order to satisfy a debt. The homestead exemption also imposes certain restrictions on the “descent and devise” of a primary residence via a will or trust. Judges Ask Supreme… Read More »
