COVID-19 Update
Effective noon today, July 9, 2020, and until further notice, Boyes, Farina & Matwiczyk will work remotely amid South Florida’s emergence as a COVID-19 epicenter. Remote working does not impact our ability to serve your legal needs. It does protect you, our staff and visitors. All needs for in-person, in-office meetings will be addressed on […]
Bill Boyes Named to 2020 Lawyers of Distinction
Partner Bill Boyes has been selected to the 2020 Lawyers of Distinction list. Lawyers of Distinction award winners represent the top 10% of attorneys in the United States and are chosen for their excellence in the practice of law through a rigorous evaluation and screening process led by the Lawyers of Distinction selection committee, which utilizes […]
Partner John Farina Receives AV Preeminent Highest Rating from Martindale-Hubbell
Partner John Farina is once again a recipient of the prestigious “AV Preeminent” peer review rating from Martindale-Hubbell. The “AV Preeminent” rating Mr. Farina has held since 1995 is the highest level of professional excellence and ethical standards an attorney can receive from the national attorney peer review rating service. The rating signifies that an […]
Trust Accountings: More Than Just Financial Statements
A trustee stands in a fiduciary or confidential relation to another, holds the legal title to property, but maintains it in trust for the benefit of another. The trustee owes a fiduciary duty to that other person, i.e., the beneficiary. Because the trustee is holding the trust property for the benefit of the beneficiary, the […]
Partner Bill Boyes Appointed to ACTEC Fiduciary Litigation Subcommittee for 24th Consecutive Year
Partner William Boyes has once again been appointed to The American College of Trust and Estate Counsel’s (“ACTEC”) Fiduciary Litigation Subcommittee, where he has served on both the Fiduciary Litigation and Evidence subcommittees since 1997. ACTEC is a national organization of more than 2,500 lawyers and law professors who are elected to be Fellows based […]
Partner John Farina Receives Martindale-Hubbell’s Highest AV Preeminent Rating
Partner John Farina is once again a recipient of the prestigious AV Preeminent® peer review rating from Martindale-Hubbell, which he has held since 1995. The AV Preeminent® rating is the highest level of professional excellence and ethical standards an attorney can receive from the national attorney peer review rating service. The rating signifies that an […]
Removal of a Personal Representative in a Florida Estate
Generally speaking, a personal representative is charged with a fiduciary duty to administer the estate for the interest of its beneficiaries, and is required to observe the same standards of care as trustees. Fla. Stat. 733.602(1). A personal representative’s duties are set forth in the Florida Probate Code (Fla. Stat. 733.601 et seq.) and a […]
Considerations of transfers of property by deed
Sometimes clients inquire about adding their children’s names to the deeds on their homes – thinking this plan would avoid probate or perhaps in an effort to protect the home from claims, even if the home is protected homestead. Generally speaking this may not be a good idea. One reason is that, upon death, your […]
Estate of McKenzie v. Hi Rise Crane, Inc.
326 So. 3d 1161 (Fla. 2d DCA 2021) This case is one which demonstrates the application of the “relation back” doctrine, which may arise in cases when a personal representative for an estate is not appointed promptly. In this First District Court of Appeal opinion from 2021, the court analyzed the “relation back doctrine” of […]
Probate as relates to IRAs and Life Insurance
Generally speaking, the probate process in Florida begins with filing a petition for administration in the circuit court, in the county where the decedent resided at the time of their death. From there, the next step is for the court to appoint a personal representative to administer the decedent’s estate, by issuing a court order which […]