Our firm routinely (daily!) handles questions related to Florida probate administration, such as the following: What Is Florida Probate Administration? Probate Administration is the Court-supervised process of resolving a decedent’s financial affairs. Is Florida Probate Administration Always Required? Not always. For many decedents, there is no requirement to open a probate estate. A common reason […]
There’s an old saying that if you fail to plan, you plan to fail. So, what really happens if you do not have any estate planning done? Statutory Defaults. One obvious benefit of estate planning is to exercise your right to decide various matters related to yourself and your estate, such as: Who will make […]
Ladybird deeds are popular devices for transferring real property. Homeowners may use a ladybird deed to designate a family member or other heir to inherit the property on the death of the homeowner. These deeds provide numerous other benefits as well. What Is a Ladybird Deed? Some thirty years ago, a law professor created a hypothetical […]
Clients sometimes request irrevocable trusts for estate tax avoidance, creditor protection, or other purposes. Because of the loss of control associated with irrevocable trusts, clients often ask whether anything can be done to address future uncertainties. One answer to this question is the use of a ‘Trust Protector’. Properly structured, a trust with a Trust […]
Recently, a client asked for help with a family member who held a significant estate, including real property, bank accounts, and other assets. Unfortunately, the family member was suffering from mental incapacity. As a result of the individual’s mental decline, fines were collecting on the real property because of county violations that were not being […]
Occasionally, we receive questions from clients about Florida’s escheat process. The primary concern clients have is that the State of Florida – rather than the clients’ children and other heirs – will receive the clients’ estate when the clients die. Happily, this is generally not the case. What is the Escheat Process? Simply put, the […]
Beneficiary designations are a common element in estate plans. We have opportunities to set up these arrangements when purchasing life insurance, setting up retirement plans and bank accounts, and on other occasions. It is a good idea to slow down and think about beneficiary designations. Correctly used, beneficiary designations can be a great convenience that […]
As perhaps a universal rule, clients desire to retain the flexibility to change their estate plans. Changes may become desirable as family members are born or die, as estates increase or decrease, as desires and objectives change, and as other life events occur. Irrevocable trust planning refers to a subset of estate plans in which […]
Divorce is an unfortunate reality. According to the American Psychological Association, about 40% to 50% of married couples in the United States divorce, and the divorce rate for subsequent marriages is even higher. With this in mind, divorce is often an import part of estate planning. Prenuptial and Postnuptial Agreements The first question in considering […]
‘Domicile’ generally refers to where you live – your residence that you intend to keep for the foreseeable future. Your domicile has legal consequences for tax, probate, asset protection, and numerous other purposes. Domicile issues frequently arise with clients who split their time between Florida and another state. They are also regular issues when clients […]