Tag Archives: Fort Myers Estate Planning Lawyer
How Will an Inheritance Affect My Child’s Legal Standing?
In preparing a Florida will or trust, you need to be mindful of the potential financial impact an inheritance may have on your children or other beneficiaries. If you have a disabled adult child receiving means-tested government benefits, for example, suddenly receiving a large sum of money from your trust could render them ineligible…. Read More »
What Happens If I Forget to Update My Will to Provide for My Spouse?
There is a strong presumption in Florida probate law against disinheriting a spouse. In fact, the law expressly makes provisions for what is known as a “pretermitted spouse.” This is basically a spouse whom you marry after executing your will. If your will does not make any provision for this new spouse, he or… Read More »
What Happens to a Florida Estate If the Will is Invalidated?
There are many scenarios where a person’s last will and testament may be found invalid by the court. A successful will contest may be the result of undue influence, fraud, or proof that the decedent lacked mental capacity at the time the will was executed. But if a will is invalidated, what becomes of… Read More »
How Do I Make a Florida Estate Planning Gift to a Child?
A common question we get is, “How do you leave money or property to a minor?” For example, say you want to leave your currently 12-year-old niece a $5,000 gift in your will. If you die before she reaches adulthood, how would that money be handled? One option provided by Florida law is a… Read More »
Do I Need an Estate Plan If I’m Filing for Bankruptcy?
Estate planning is largely about disposing of your property. But what if you have filed for, or are contemplating, bankruptcy? Suppose you were to suddenly pass away before your bankruptcy is settled. What happens to your case, and what effect might it have on your Florida probate estate? Chapter 7 Liquidations Most individual debtors… Read More »
How Does a Buy-Sell Agreement Affect My Florida Probate Estate?
Just because you die in Florida, that does not mean all of your assets are governed by Florida law. If you own shares of a corporation or partnership, for example, your estate’s rights may be governed by the laws of another state. Furthermore, your estate may be restricted in terms of how it may… Read More »
How Should I Store My Florida Estate Planning Documents?
Preparing a Florida will or trust, power of attorney, and other related documents is an important first step in the estate planning process. The next step is to make sure your documents are properly stored. After all, if your will is accidentally lost or destroyed–and thus cannot be located after your death–it has little… 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 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 »
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 »
