Tag Archives: Fort Myers Estate Planning Lawyer
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 »
How Private Is a Florida Trust?
There are many reasons that Florida residents choose to create a living trust as part of their estate plan. One commonly cited motive is the desire to keep their affairs private. But just how private is a Florida trust? Wills vs. Trusts Compared to a traditional last will and testament, a well-drafted trust offers… Read More »
The “Queen of Soul” Did Not Have a Will–But You Should
There are some people who decide not to make a Florida will because they think they don’t own enough assets to justify formal estate planning. This is a fallacy for many reasons. Unfortunately, it’s a fallacy that even famous and wealthy people believe, as demonstrated by the recent news reports surrounding the death of… Read More »
Does My Estate Have to File Tax Returns After I Die?
An often overlooked component of estate and probate administration is addressing any outstanding tax liabilities of the deceased person. This can be more complicated than you might think. With respect to federal income taxes, your personal representative may need to file two separate returns: one for you as a deceased individual, and one for… Read More »
Is My Revocable Trust Liable for My Personal Debts?
A trust is a vehicle for disposing of your assets without the need for probate after you die. It is, at least in the case of revocable trusts, not a mechanism to shield your assets from creditors. The reason for this is simple: As long as you have the power to revoke the trust,… Read More »
Can I Continue My Child’s Lawsuit After Their Death?
One reason it is important to have Florida will is that it may be necessary to continue litigation after your death. Let’s say you are involved in a civil litigation matter. If you die unexpectedly while the case is still pending, your estate would have to step in and continue the case for you…. Read More »
Can You Sue Someone for “Interfering” with Your Inheritance?
Disinheriting a child often leads to hurt feelings and, in some cases, legal action after a parent’s death. Although there is no legal reason you cannot disinherit your own child, if the disinheritance is the result of another person’s undue influence, the child may have standing to contest your will or trust. And Florida… Read More »
Why Do I Need a Pour-Over Will if I Have a Florida Trust?
You often hear estate planning lawyers–including us–talk about the benefits of using a revocable living trust. The main advantage is that any assets placed in your trust do not need to go through the probate process. That is to say, those assets do not pass under your will, but rather are subject to the… Read More »
Do You Need to Revise Your Beneficiary Designations After a Divorce?
You may not realize it, but you may own assets that do not pass as part of your regular Florida estate plan. A common example of this is an intangible asset, such as a retirement account or life insurance policy, where you previously signed a “designation of beneficiary” form. Such designations override the instructions… Read More »
5 Legal Duties of a Trustee in Florida
What exactly does a trustee do? This is a question we frequently get when advising clients on creating a revocable living trust. The short answer is that the trustee is the person responsible for managing the trust’s assets. The longer answer is that the trustee is charged with carrying out several legal duties outlined… Read More »
