Charities Beware of Testamentary Bequests: The Cy Pres Doctrine
The Fourth District Court of Appeal’s decision in SPCA Wildlife Care Center v. Abraham, 75 So. 3d 1271 (Fla. 4thDCA 2011) reminds us that even a vaguely worded testamentary gift can be enforced, even if the named charity does not exist or the charitable intent of the testator is not worded as specifically as required. […]
Guardianship Attorneys’ Fees and the Benefit to the Ward
Attorneys’ fee awards in guardianship cases are governed by Florida Statute 744.108, allowing for attorney fees rendered for services provided to either a ward or to the guardian of a ward. This statute provides, in relevant part: 744.108 Guardian and attorney fees and expenses.A guardian, or an attorney who has rendered services to the ward or […]
Termination of a Florida Trust
There are a handful of reasons why a Florida trust might be terminated. Often a trustee no longer wants to serve as a trustee or the beneficiaries no longer want a trust, but the trust may indeed terminate by its very terms. In other words, the trust may have an expiration date. Other reasons might […]
Relation Back Doctrine
The recent case of Estate of McKenzie through McIntosch v. High Rise Crane, Inc., 326 So. 3d 1161 (Fla. 1st DCA 2021) emphasized that a personal representative’s powers relate back and have the same effect as those occurring after a personal representative’s appointment. Specifically, the First District looked at the “relation back doctrine” as set […]
Boyes, Farina & Matwiczyk Celebrates Firm’s 20th Anniversary
Boyes, Farina & Matwiczyk announced that January 4, 2014 marked the law firm’s 20th anniversary. The firm, founded by attorneys, William Boyes and John Farina in 1994 is dedicated to assisting individuals, their families, foundations and charitable organizations in the preservation, management and transfer of personal wealth. The firm of five attorneys assists clients in […]
John Farina Selected 2015 Top 100 Trust & Estates Lawyer The American Society of Legal Advocates
Partner John Farina has been selected a 2015 Top 100 Trust and Estates lawyer, by the American Society of Legal Advocates (“ASLA”). ASLA is an invitation-only organization of elite lawyers in practice today. Less than one and a half percent of lawyers nationwide are members. ASLA draws its membership from lawyers who combine stellar legal […]
Partner John Farina Named Top Rated Lawyer 2013 – Commercial Litigation American Lawyer Media and Martindale-Hubbell®
Partner John Farina has been named a 2013 Top Rated Lawyer in Commercial Litigation by American Lawyer Media and Martindale-Hubbell®, one of the nation’s most distinguished and oldest lawyer rating services. In May of this year, John Farina was named a 2013 Top Rated Lawyer in Trusts & Estates, also by American Lawyer Media and […]
Hunting Guide Put Under State-Appointed Guardianship
Estate planning is important for protecting the financial interests of intended heirs after one’s death. However, estate planning tools can also be used to protect a person while he or she is still alive in Florida or in any other state. This will come in handy when a person is incapacitated and unable to make […]
Mother Of Amanda Bynes Files For Conservatorship
Even when a person is an adult, many times people need help in managing their lives for one reason or another. One of the most common reasons a person needs this type of help is because of psychiatric conditions. This may be what is happening with Amanda Bynes about who many in Florida have been […]
William Boyes and Adam Sabocik to Present at “Guardianship Bootcamp”
On Thursday, February 9, Partner William Boyes and Attorney Adam Sabocik will present on Alternatives to Guardianship v. The Appointment of a Guardian at Guardian Bootcamp, presented by The Estate and Probate CLE Committee of the Palm Beach County Bar Association. View complete agenda