Category Archives: Estate Planning
How Long Should I Delay My Children’s Inheritance?
Many Florida residents make an estate plan when their children are still young. But even if you have children who are now all grown up, you might still think they are not ready to handle a large inheritance from your estate should something happen to you right now. So what are your options for… Read More »
What Is a Charitable Remainder Trust?
Trusts serve many functions in estate planning. One is to ensure assets do not go through probate after a person dies. But trusts can also help you save on your taxes while you are alive. A good example of this is a charitable remainder trust, which is a special type of estate planning trust… Read More »
Can I Use a “No-Contest” Clause in My Florida Will or Trust?
One of the biggest reasons people make an estate plan is to minimize the potential for litigation among family members. You have no doubt seen stories in the news about heirs fighting for years in court over a loved one’s estate. In some of these cases they are not even fighting over a particularly… Read More »
How Does a Reverse Mortgage Affect My Estate Plan?
Many elderly Florida residents have trouble paying their bills each month. For those residents who own their homes, a so-called “reverse mortgage” may provide the answer to their cash-flow problems. A reverse mortgage–which is known in legal terms as a “home equity conversion mortgage”–is basically a loan the homeowner does not have to pay… Read More »
What Is “Exempt Property,” and How Does It Affect My Florida Estate Planning?
There are a number of unusual legal terms you may come across when preparing your Florida estate plan. One of them is “exempt property.” This term appears in a specific Florida statute that is part of the state’s overall laws governing individual estates. So what does it mean? And is it something you need… Read More »
Do I Need to Include My Timeshare in My Will or Trust?
If you’re thinking about creating an estate plan, you probably know it’s important to make provisions for your house or condo. But your estate plan must cover all of your real property. For example, what about that timeshare you bought 15 years ago? Does that also need to be addressed in your will or… Read More »
Which Family Member Has Priority to Serve as Executor of My Estate?
Estate litigation is often the consequence of a person dying suddenly and without leaving a will. Different heirs and family members may assert competing legal rights in the deceased person’s estate. Florida’s intestacy laws are designed to sort out such claims, which can still require the parties to expend a good deal of time… Read More »
A Delay in Naming a Personal Representative Can Prove Costly to an Estate in Court
An often overlooked reason for making a last will and testament is there may be a need to maintain litigation on behalf of you–or your estate–after you are gone. A common example is a wrongful death lawsuit. This is a special type of personal injury claim where your personal representative may sue one or… Read More »
Can Sending a Text Message Create a Valid Will?
Modern technology emphasizes convenience. Using our phones, we can do just about everything: order food, listen to music, read and revise business documents, et cetera. But some things still need to be done in writing–that is, on paper and not an iPad. This includes making your last will and testament. While it is certainly… Read More »
Can My Ex-Spouse Still Inherit from My Estate If I Never Changed My Will?
Estate planning is often an overlooked detail when a couple divorces. In many (if not most) cases, a person does not want to keep their ex-spouse as the beneficiary or personal representative under their will. This is why an experienced Florida estate planning lawyer will always advise a client to update a will after,… Read More »
