Category Archives: Estate Planning
Getting a Divorce? You Need to Review Your Estate Plan
Even in the best of cases, a divorce is a difficult process for all of the parties involved. Ending a marriage means unwinding a complex web of financial and legal relationships. And one subject that often gets overlooked in the divorce process is estate planning. Indeed, many people do not even think to review… Read More »
What Are the Estate Planning Implications if My Spouse and I Die at the Same Time?
The recent death of former President George H.W. Bush came just seven months after the passing of his wife, former first lady Barbara Bush. It is actually not unusual for longtime spouses to die within months–or even days–of one another. In fact, doctors have even documented broken-heart syndrome, which is a “temporary heart condition… Read More »
Understanding Florida Probate Deadlines
One of the basic principles of Florida probate administration is that there are certain legal deadlines for creditors to present claims against an estate. The way the process normally works, the personal representative (executor) of the estate publishes a notice in the newspaper. This notice says that anyone with a claim against the estate… Read More »
What Are the Signs of Undue Influence?
One of the common reasons people contest a Florida will is undue influence. But what exactly does this mean? The Florida Supreme Court has broadly defined it as “overpersuasion, coercion, or force that destroys or hampers the free agency and will power of” the person making the will (who is known as the testator)…. Read More »
Should I Include Funeral Instructions in My Will?
An often overlooked area of estate planning is making funeral, burial, or cremation arrangements. Under Florida law, you have the right to leave written instructions on how you want to dispose of your remains, and your wishes are binding on your family. If for any reason you choose not to leave instructions, the law… Read More »
How Is a Florida Estate Distributed If There Is No Will?
There is no good reason not to have a will or trust. A good estate plan ensures your property is distributed according to your wishes after you pass away. But if for some reason you do not leave a will (or place your property into a trust), Florida law determines what happens to your… Read More »
Can You Sue an Executor After an Estate Is Closed?
Although most Florida probate estates are administered without incident, there are cases where an heir or beneficiary may have reason to believe the executor is not adequately performing his or her duties. Florida probate law provides a number of ways for beneficiaries to address their concerns during the estate administration process. But what about… Read More »
What Happens to an Insolvent Estate in Florida?
Suppose you had a wealthy relative who named you as a beneficiary in his last will and testament. You would probably assume this guarantees you a substantial inheritance when the relative dies. But sometimes outward appearances of wealth are deceiving. In fact, when that relative does pass away, you might be surprised to learn… Read More »
4 Estate Planning Lessons We Can Learn from Microsoft Co-Founder Paul Allen
On October 15, Microsoft co-founder Paul Allen passed away due to complications from non-Hodgkin’s lymphoma. At the time of his death, Allen was one of the wealthiest men in the world. His assets included two professional sports teams–the NFL’s Seattle Seahawks and the NBA’s Portland Trail Blazers–and he was also a noted philanthropist. Although… Read More »
Can I Contest a Will Before Someone Dies?
For many people, making a will is not a one-time deal. Throughout your life you may create, revise, or revoke several different wills as your circumstances change. Of course, whenever you do make changes to your will, some family members (or other interested persons) may object. But is there anything they can do about… Read More »
