Recent Blog Posts
Is a Will Written on a McDonald’s Napkin Valid?
Have you ever jotted down a note on a bar napkin? Even in the age of smartphones, it is still not uncommon for people to make a short grocery list or write down a phone number on whatever piece of paper is handy. But would you ever make your will on a napkin? And… Read More »
What You Need to Know About Funeral Costs
One of the first things that happens after a person dies is their funeral. Family members often make hasty arrangements with the first funeral home they find. In many cases, they go into the process of planning the funeral unaware of its true costs–only to later find they are now on the hook for… Read More »
Understanding Florida’s Law Protecting Vulnerable Adults from Exploitation
In 2018, the Florida legislature adopted a new law authorizing judges to issue an “injunction for protection against exploitation of a vulnerable adult.” A “vulnerable adult” is a person over the age of 18 who is physically or mentally impaired in their ability to perform the daily activities of living, or otherwise cannot provide… Read More »
Separating the “Trustee” from the Person Serving as Trustee
One of the more difficult legal concepts with respect to trusts is that the “trustee” is not the same thing as the person who is serving as trustee. In other words, if you are serving as trustee over a family member’s trust, you are acting in a specific legal capacity. If someone sues you… Read More »
Should I Give My House to My Children Before I Die?
Many people understandably wish to minimize or avoid the need for probate of their estate. But not every means of avoiding probate is created equal. Some apparent “shortcuts” may end up creating more problems than you realize for both you and your heirs. How the “Stepped-Up Basis” Works For example, say your estate planning… Read More »
Do I Need a Will Even If I Don’t Have Much Property?
A common reason we hear people give for not having a will is, “I don’t own enough property,” or “My estate would be too small to worry about anyways.” The truth is that everyone benefits from having an estate plan. Even relatively small estates need to be dealt with under the law, and things… Read More »
TD Wealth Report Highlights Estate Planning Issues Following “Gray Divorce”
One major life event that can have a significant impact on your estate planning is divorce. And while you might think of divorce as something primarily experienced by younger people, the reality is that the divorce rate has been increasing among the over-50 demographic. This is known in some quarters as “gray divorce,” and… Read More »
Florida Court Rejects Effort to Reopen Trust Litigation After 11 Years
The purpose of creating an estate planning trust is to avoid probate. But avoiding probate does not always mean keeping the courts out of your business. There can still be disputes and legal issues that lead to trust litigation. In some cases, this litigation can be quite complex and take many years to resolve…. Read More »
How Paternity Claims Can Affect the Administration of an Intestate Estate
When you die “intestate,” that means you died without leaving a valid last will and testament. Intestate estates are distributed in accordance with Florida law. Under normal circumstances, your surviving spouse and children would be the first to inherit your intestate estate. Note that intestacy does not care about the nature of your relationship…. Read More »
Can I Ask for Compensation If I Serve as My Parent’s Legal Guardian?
When an adult is considered mentally or physically incapacitated, a Florida judge may establish a guardianship. The guardian is a person who makes financial and/or personal decisions on behalf of the incapacitated adult, who is known as the ward. By law, the guardian is entitled to “a reasonable fee for services rendered and reimbursement… Read More »
