Category Archives: Estate Planning
Apollo 11 Hero Buzz Aldrin Sues to Regain Control of Florida Trust
Children often feel an obligation to help care for an elderly parent during their final years. Unfortunately, there are also situations where children may try and take advantage of a parent for their own financial gain. This is why careful estate planning is so important. As the parent, you want to maintain your dignity… Read More »
Should I Name Co-Executors for My Florida Will?
One of the first decisions you need to make when preparing a Florida will is selecting the person you wish to serve as personal representative or executor. In many cases this is not a difficult decision. Most married persons name their spouse or a child. But what if you are unsure about who to… Read More »
What “Snowbirds” Need to Know About Florida Estate Planning
Florida has always been a welcome refuge for people looking to escape the harsh winters of colder climates. Indeed, it is common practice for many of these “snowbirds” to buy and maintain a second residence in Florida. If you are one of these people, you need to be aware of how owning real property… Read More »
How Beneficiary Designations Impact Your Florida Estate Plan
There are many aspects of Florida estate planning that go beyond making a will. In fact, you may not realize it but there are some assets that do not pass under your will at all–even if you do not have a separate trust. If you have a retirement account or life insurance policy, for… Read More »
Protecting Your Estate Plan During Florida’s Hurricane Season
As we enter another potentially deadly Atlantic hurricane season here in Florida, it is important to think about how you can protect certain critical estate planning documents in the event you are forced to suddenly evacuate your home. After all, if you have gone to the trouble to make a will or trust but… Read More »
Can My Florida Trust Be Modified After I Die?
Generally speaking, if you create a revocable living trust as part of your estate plan, the trust becomes irrevocable upon your death. In other words, your successor trustee cannot unilaterally modify the terms of the trust. In some situations, however, a Florida probate court can “modify the terms of a trust” if it is… Read More »
How Can I Limit My Florida Power of Attorney?
Many people are put off by the idea of a Florida Power of Attorney because they fear giving someone else complete control of their property and finances. But powers of attorney are not an all-or-nothing proposition. To the contrary, you are free to grant as many, or as few, powers to your agent as… Read More »
Is the Executor of My Estate Entitled to Compensation?
A personal representative (or executor) is the person charged with overseeing the administration of your probate estate. This is often a family member, but it can also be your attorney or even a professional fiduciary. Regardless of whom you appoint as your personal representative, you should be aware of how Florida law provides for… Read More »
What Are Irrevocable Trusts–and Why Would I Need One?
Whenever you hear estate planning lawyers talk about trusts, they are generally referring to “revocable” trusts. That is, a trust that can be modified or revoked at any time by the settlor, i.e. the person who makes the trust in the first place. Revocable trusts generally serve one critical purpose: to keep the settlor’s… Read More »
Who Is Considered a “Surviving” Spouse Under Florida Law?
An issue that frequently comes up in Florida estate and probate administration is the need to seek damages against the person or persons responsible for the decedent’s death. Like most states, Florida has a wrongful death statute. This authorizes the personal representative of a decedent’s estate to file a lawsuit against the negligent parties… Read More »
