Estate Planning Will Help With Estate Administration In Florida
Although the thought of one’s own death is not a comforting thought, there are many reasons why one should start to prepare for this inevitable event. Creating an effective estate plan will help make the estate administration process easier and more efficient by avoiding the need to go through probate court in Florida or in […]
Proper Estate Planning Will Help Heirs Administer Estate Easily
Most people do not particularly enjoy talking or thinking about their own deaths. However, death is a fact of life and this will be something which a person’s loved ones will have to deal with at some point. It is helpful to think about the financial consequences of a family member’s eventual death, since it […]
Variety Of Options Available For Estate Tax Planning In Florida
When one considers planning of an estate, he or she wants to make sure that his or her assets are properly transferred to intended beneficiaries after death. However, another aspect to consider in estate planning is estate tax planning. Most people in Florida and elsewhere will want to do everything possible to minimize the estate […]
Can an Irrevocable Trust be Modified Under Florida Law?
The short answer to this question is yes. What is an irrevocable trust? It is a trust document that generally is not subject to revocation or modification, once executed and funded. There are exceptions which may permit the changing of the terms of an irrevocable trust. The Florida Trust Code, Chapter 736 of the Florida […]
No Contest Clauses are Unenforceable in Florida
Sometimes testators include no contest clauses in their estate planning documents, thinking that these will help ensure their wishes will be honored after their death. No contest clauses, or “in terrorem clauses”, basically serve as a deterrent to a beneficiary of a will or trust, who might otherwise seek to challenge the terms of the […]
Tortious Interference with an Expectancy
Tortious interference claims occur when one commits tortious conduct in an attempt to deprive or interfere with the inheritance of another, such as by way of fraud or duress, which interferes with the inheritance or gift going to whom the decedent had intended. In such an instance, if the third party was successful in not […]
Void or Lapsed Devises
What To Do With Old Wills Updating your estate plan every few years, and particularly after a big life event (such as death, divorce, having a child, etc.), is most often an estate planner’s recommendation. That being said, people do not always follow those recommendations. Sometimes wills which are 10 or more years old are […]
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 […]
Unclaimed Property and Florida Probate
Unclaimed or abandoned property refers to financial assets which have not had contact with its owner, are unknown or lost, or have been left inactive or not generated any activity by its owner, or are otherwise somehow unclaimed or abandoned by its owner. Some common types of unclaimed property include bank accounts (both checking and […]
Morrow v. Morrow, 354 So. 2d 642 (Fla. 3d DCA Feb. 8, 2023)
The recent Third District Court of Appeal reviewed the requirements for a valid will under Fla. Stat. 732.502 and found the handwritten will which was at issue, in this case, to be valid. In this case, both on a confession of error and based on the court’s independent review, the appellate court found that the […]