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Florida Estate Planning, the Elective Share, and Proposed Florida Senate Bill 724

In 1975, Florida abolished the dower and courtesy and passed legislation allowing surviving spouse’s the right to an “elective share” of the decedent’s estate.  At that time, the elective share could be made against probate assets, so a decedent could still exclude his or her spouse by leaving no assets or property subject to probate. […]

An Introduction to Florida Probate and Estate Administration

The death of a loved can be a very emotional and stressful time. Details of settling the estate can become very overwhelming and make the situation even more stressful.  To make the probate process easier, here is some information that will be helpful in dealing with the administration of your loved one’s estate: First, retain […]

Special Needs Planning, Most Common Mistakes Parents Make

Special needs planning allows parents to identify what their financial, legal, and lifetime needs are for them, their family, and their loved ones with special needs. For most parents, this process should include a discussion with a knowledgeable and experienced estate planning and probate attorney regarding: Wills Trusts Guardianship Education on Potential Government Benefits Ensuring […]

Estate Planning for Your Young Children

You have been blessed with the joy of children that currently are under eighteen years of age. You should make certain your Estate Plan properly provides for their care and well-being. You should consult with an experienced and knowledgeable Orlando Estate Planning and Probate Attorney to discuss your goals and how to properly and legally […]

To Trust or Not To Trust, How Would A Trust Benefit Your Estate Planning?

Revocable Trusts, sometimes called Living Trusts or Inter Vivos Trusts, are an effective Estate Planning tool for avoiding the often costly and lengthy process of probate administration, preserving privacy, and preparing your estate for ease of transition after you die.  A Trust is a legal document that authorizes a Trustee, who can be the grantor […]

Another Reason to Have Effective Estate Planning

Prince, Frank Sinatra Jr., Jose Fernandez, and Tom Clancy all left their wealthy estates in disarray. Their heirs are left with the difficult task of trying to figure out what they were entitled to and who is entitled to receive estate assets. Prince died intestate, meaning he left no Will or Trust to direct how […]

Joint Accounts versus Pay-On-Death Accounts

One unfortunate area of estate and probate litigation occurs when elderly people, especially widows and widowers, frequently add a child to their single name account to allow that child to assist the elderly parent in processing payment of the parent’s household bills, and expenses. Sometimes they also add a child to a previously single account […]

Mental Incapacity, Guardianship, and Divorce in Florida

  A party may seek a divorce on the grounds that his or her spouse is mentally incapacitated pursuant to Florida Statute 61.052(1)(b). However, the party alleged to be mentally incapacitated, must have been adjudicated by a judge to be incapacitated pursuant to Florida Statute 744.331. Also, pursuant to Florida Statute 61.052(1)(b) he or she […]

Mental Capacity and Executing Estate Planning Documents

Typically, anyone over the age of eighteen is considered to have the legal right and ability to enter into a contract. Florida Statute 732.501 states that “Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will”. One of the most […]

Should You Discuss Your Estate Plans With Your Adult Children?

Deciding how much you should share regarding your Orlando estate planning with your adult children, this can be one of the toughest decisions that you have to make in your estate planning process. There is no one-size-fits-all method or answer to this question. You will need to decide what is best for your family, and […]

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