Category Archives: Estate Planning
What Happens to Civil Lawsuits I Filed After I Die?
Even if you do not own much in the way of property, you still need to have a valid Florida will if for no other reason than to ensure there is a personal representative to take charge of your affairs as soon as possible after your death. While Florida law does provide for the… Read More »
Will Adding My Child to My House Deed Help Avoid Probate?
A common estate planning goal for many Florida residents is keeping a home or other real property within the family. There are a number of options to accomplish this objective. You can simply leave the property to a family member in your last will and testament. But this means the home will need to… Read More »
How Does Winning the Lottery Affect Your Florida Estate Planning?
There is always a great deal of media attention paid to large lottery jackpot winners. For instance, a Florida man recently claimed a lump-sum Mega Millions prize of nearly $282 million–actually $211.4 million after federal income taxes are withheld. While many of us would greet such a windfall with excitement, sudden wealth of any… Read More »
How Florida Law Alters Your Estate Plan Following a Divorce
Many people create a Florida will or trust and then simply forget about it. But estate planning is rarely a one-shot deal. Over the course of your life many things may change, including the status of your existing family relationships, and that should prompt a review and, if warranted, a revision of your existing… Read More »
How Long Do I Have to Challenge a Florida Trust Procured by Undue Influence?
Ideally, a Florida trust will avoid the need for probate or any extended court proceedings involving your property. But in reality, relatives and other beneficiaries can just as easily challenge a trust as a will. Under Florida law, a trust may be declared partially or completely invalid if there is evidence of undue influence… Read More »
Miami Doctors Debate Whether to Honor DNR Order Tattooed on Patient’s Chest
Every Florida resident should a valid power of attorney for health care and a living will. The former names a person to make medical decisions for you or speak with your doctors if you are unable to do so. The latter provides advance instructions as to your wishes in the event you have a… Read More »
Does Signing a Prenup Affect My Rights Under My Spouse’s Will or Trust?
Florida estate planning typically involves executing a will or trust. But there are other legal documents that can affect your estate plan as well. If you are married–or about to get married–you and your partner may wish to have a prenuptial or postnuptial agreement in place. Although we usually associate such agreements with divorce,… Read More »
Challenging Tortious Interference in a Florida Will or Trust
Florida probate litigation frequently arises when one or more parties contest the validity of a decedent’s will or trust. Consider a situation where a decedent makes last minute changes to her will, substituting one beneficiary for another. The former beneficiary may have reason to suspect that the new beneficiary procured the new will through… Read More »
Miami-Dade Senator Proposes Informal Process for Inheriting Bank Accounts Under $10,000
Florida law currently provides a number of ways to help you distribute your assets upon death without the need for formal probate. For example, you can open a joint checking account with your spouse or child, which ensures that the surviving account holder automatically inherits all of the funds (unless you provide otherwise). Alternatively,… Read More »
U.S. House Votes to Repeal Estate Tax
Tax reform has been a top priority for President Donald J. Trump and Republican leaders in Congress since the start of 2017. Recently, the House of Representatives passed a comprehensive tax bill that includes an eventual repeal of the federal estate tax. While this tax currently affects just a few hundred Florida estates annually,… Read More »
