Recent Blog Posts
Court Approves Transfer of Former Attorney General Reno’s Historic Miami Home to College
Estate planning is often used as a vehicle to make charitable gifts. For example, perhaps you wish to leave your favorite charity a certain amount of cash in your will. In most cases, the charity will welcome such gifts. But what happens when a charity rejects a gift? This often comes up when a… Read More »
Understanding The Role of Trustee in Selling a House
Living trusts often confuse people unfamiliar with estate planning. Basically, you create a trust and then transfer title to certain property from yourself to the trustee. The confusing part is that you can also serve as the trustee, at least while you are still alive. And as trustee, you can still use or sell… Read More »
Orlando Judge Removes Professional Guardian After Causing Death of Ward
When an adult Florida resident is unable to properly care for themselves, and there is no family member available to act as their legal guardian, a judge may instead appoint a professional guardian. The Florida Department of Elderly Affairs establishes and enforces regulations for professional guardians. Of course, the mere fact that such regulations… Read More »
What Does a Personal Representative Do?
You have no doubt heard the term “personal representative” used in connection with a person’s probate estate. But what does this person actually do? And can anyone do it? Or do you need any sort of special license or training? Here are some basic answers to these questions: The Job of the Personal Representative… Read More »
What Is a Qualified Terminable Interest Property (QTIP) Trust?
There are many reasons a married couple may wish to create a trust as part of their estate plan. In some cases, a trust can offer certain tax benefits. But on a more personal level, a trust can help manage a more complex family situation, especially those involving multiple marriages or children from different… Read More »
Is Medical Malpractice a Form of Elder Abuse in Florida?
Florida law provides strong protections against elder abuse. For example, under Section 415.1111 of the Florida Statutes, if a “vulnerable adult” has been abused, they can file a civil lawsuit “against any perpetrator and may recover actual and punitive damages for such abuse, neglect, or exploitation.” However, it is important to note that this… Read More »
Can a Florida Judge Appoint a Guardian Without First Conducting a Hearing?
An adult guardianship is often necessary to ensure someone has the ability to make legal, financial, and health care decisions for a physically or mentally incapacitated adult. But requesting a guardianship can be contentious, especially when the allegedly incapacitated adult objects. And even where there is evidence of incapacity, the courts must still respect… Read More »
Does Florida Permit Lawsuits for “Tortious Interference” with an Expected Inheritance?
There is a special type of claim that occasionally comes up in probate law known as “tortious interference.” Let’s say Lewis makes a will leaving his estate to his daughter Sarah. But Lewis subsequently makes a new will disinheriting Sarah. Sarah believes her father’s change-of-heart was due to the fact he was under the… Read More »
Do I Need to Include Intellectual Property in My Estate Plan?
When a famous singer dies, you often hear news reports about the legal fate of their song catalog or other “intellectual property” (IP) rights. Many of us do not consider IP when making our own estate plan. But even if you never became a millionaire writing books or inventing new technologies, you might still… Read More »
Does My College-Bound Child Need an Estate Plan?
For many Florida parents, the relief of watching their children graduate from high school will quickly turn to apprehension as they go off to college this fall. In addition to starting at a new school, these college-bound kids are now (mostly) legal adults. What does this mean in terms of estate planning? Does your… Read More »
