Common Questions About Guardianships For Minors
For Florida parents with children under the age of 18, the naming of a guardian for minor children is an important part of an estate plan. Generally it is relatively simple to nominate a guardian and even though it may be difficult to talk about, a guardianship plan should not be put off. In this […]
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 […]
Does a person’s debt go away when they die?
The short answer: No, the debt does not simply go away when someone dies owing a debt. Generally speaking, a decedent’s estate is responsible for paying any unpaid debts, and no one else is required to pay those debts. When a decedent dies, their assets pass to their estate, and if there is no money […]
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 […]
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 […]
Florida Guardianship Allows Parents To Continue Care Of Minors
When a loved one is deemed incompetent or unable to make decisions on their own behalf, it is important for family members to make arrangements to protect their legal right to care for their loved one should the state or another party wish to intervene. Without ensuring legal guardianship in Florida, in some cases, another […]
Palm Beach County Starts Guardianship Fraud Hotline
The elderly are particularly vulnerable to being exploited by their caretakers. This is why the Palm Beach County Clerk and Comptroller started the county’s guardianship fraud hotline last October. The hotline has since received 57 calls, which have led to 13 investigations into possible fraudulent activity. The police have taken control of 12 of these […]
Truck Driver Denied Guardianship Of Elderly Mother, For Now
For those whose occupation requires them to travel, obtaining guardianship of an elderly parent may become a difficult legal battle. Many times the local court, including those in Florida, will deny a guardianship request if the person requesting it is constantly traveling or out of town due to work or other reasons. This may have […]
Kinship Guardianship Faces More Challenges Than Other Families
It is becoming increasingly more common for children to grow up in the care of relatives other than their parents. This is especially true for states such as Florida, where this type of guardianship accounts for 40 percent of the children in foster care. Some critics argue that the state should increase assistance to children […]
Guardianship In Palm Beach County: Terminology Often Confusing
For years Palm Beach County citizens who have gone through the judicial system have been thoroughly confused due to the large array of legalese bandied about during probate court proceedings. This language, whose origin dates back generations, has long been utilized to clarify certain aspects of court proceedings by trained legal professionals. Despite the clarity […]