Careful Estate Planning Can Avoid Probate In Florida
Planning one’s estate is among the most important things a person can do in order to save family from grief after one passes away. Many times small details make a large difference when it comes to estate planning in Florida or elsewhere. Individuals should take care to ensure that an estate plan is clear and […]
Facebook Could Be Considered Part Of Decedent’s Digital Estate
More than half of all Florida residents possess a Facebook, blog or other type of social media account. It’s where friends share photos, memories, and sometimes, private information. But what happens when a user passes away?
Estate Planning For Your Digital Life
As more people’s personal and financial lives are connected to the internet, the more important computer passwords become in allowing important access to online accounts.
Appointing a Trustee? Consider a professional.
A trustee is charged with protecting and investing trust assets and administering those assets per the terms of the trust agreement for the benefit of the trust’s beneficiaries. See Fla. Stat. 736.0801 et seq. While this sounds like a basic premise, there are some important functions which a trustee must do in their fiduciary role. […]
Jackson’s Bankrupt Estate Turned Profitable, Execs Pay Increased
When it comes to estate planning in contemplation of that journey everyone must take, it is as important to think about estate administration which will occur after you have gone. Determining where your assets will go and on what terms is not the only consideration that needs to be made. Especially for wealthier individuals, the […]
Interested Person Properly Challenges Estate Administration Expenses
Duff-Esformes v. Mukamal, 332 So. 3d 17 (Fla. 3d DCA 2021) The appellant in this case, Elizabeth Ann Duff-Esformes, was the Decedent’s surviving spouse, one of two beneficiaries of the Decedent’s estate. The other beneficiary was the residual beneficiary, the Nathan J. Esformes Living Trust, to which the appellant was the sole beneficiary as well. […]
Husband Improperly Transferred Millions to His Girlfriend Without Wife’s Knowledge
Wallace v. Torres Rodriguez, — So. 3d —, 2022 WL 1481782 (Fla. 3d DCA 2022) This recent case from the Third District Court of Appeal involved a husband, a wife, and the husband’s longtime girlfriend. In 2010, the wife, Patricia, asked her attorney to draft an irrevocable trust agreement for both her and the husband, […]
Florida’s Elective Share Overview
In Florida, one cannot completely disinherit their spouse. The right to a surviving spouse’s estate is called the elective share, which is thirty percent (30%) of the decedent-spouse’s estate. Fla. Stat. 732.2065. Indeed, a decedent’s surviving spouse is entitled to four different rights which come into play in the absence of a valid prenuptial or […]
No Will? Who is to be the Personal Representative?
In an intestate estate – i.e., an estate in which the Decedent died without having a will – the state of Florida’s Probate Code statutes dictate how the Decedent’s assets will be distributed. Assuming the Decedent was married, the surviving spouse typically is the one appointed as the personal representative. Next in line would be […]
All Shook Up: Lisa Marie Presley’s Trust
In January 2023, Elvis Presley’s only daughter, Lisa Marie, died. Multiple online news sources subsequently reported that Lisa Marie’s mother, Priscilla Presley, filed documents in a California court alleging that Lisa Marie’s 2016 Trust Amendment is invalid. More specifically, online news sources reported that the trust amendment contains a misspelling of Priscilla’s name, there was […]