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Florida UTMA Accounts

The Uniform Transfers to Minors Act (UTMA) allows a minor to receive gifts, such as money, patents, royalties, real estate and fine art, without the aid of a guardian or trustee. Under the UTMA, the gift giver or an appointed custodian manages the minor’s account until the minor is of age. The UTMA replaced the […]

Can You Name a Minor as a Beneficiary in Your Florida Estate Plan?

Minors can be named as a beneficiary in your estate plan. However, they cannot legally own or take possession of the property until they reach the age of majority.  The age of majority in Florida is eighteen (18) years of age. When property is left to a minor beneficiary, for example through joint ownership of […]

Why Your Florida Estate Planning Should Not Use a Do-it-Yourself Will

Many people are tempted to prepare what they inaccurately term a “Simple Will”. Usually, they want everything they own at death to go outright first to their spouse, and then to their children in equal shares, if their spouse does not survive them.   Rather than take the time to consult with an experienced and knowledgeable Florida […]

Using Florida Estate and Incapacity Planning to Avoid Court-Ordered Guardianship

Florida estate planning is not only planning for what happens to your assets after your death. Proper and effective planning also provides for what happens should you become incapacitated at some time in your life, and are unable to make financial or medical decisions for yourself. There are various Florida estate planning documents that you […]

Selecting the right Attorney when you are the Designated Personal Representative

If you are accepting the responsibility of acting as a Personal Representative, you will want to seek the assistance of an experienced and knowledgeable probate and estate attorney in Orlando. Often, you may obtain referrals from family, co-workers, acquaintances, or other professionals. You also can perform a web search for probate attorneys in your area […]

When is a Florida Summary Administration Appropriate?

Summary Administration is a form of Florida probate that does not require the appointment of a Florida Personal Representative.  A Florida Summary Administration typically takes less time, and expense than a Formal Administration. Pursuant to Florida Statute 735.201, for an estate to qualify for Summary Administration in Florida, it must meet the following qualifications: (1) That the value of […]

Should You Include Funeral Arrangements as Part of Your Florida Estate Planning?

When preparing your Florida estate planning, it is also important to make arrangements for your funeral. Understandably, this is not likely to be a pleasant process. However, planning your own funeral can save your loved ones considerable tension, anxiety, pressure, and time in the hours and days after your passing. An experienced and knowledgeable Florida estate […]

Reasons You Should Update Your Estate Plan

Generally it is advisable to review your estate plan every three (3) to five (5) years, and after any major life changes.  A complete estate plan typically includes a Trust and/or a Last Will and Testament, a Durable Power of Attorney, a Designation of Healthcare Surrogate, a Living Will, a HIPAA Release, and a Designation […]

What Happens In a Florida Probate, When the Original Will Cannot Be Located?

  Consider this scenario, your Father died, and you cannot locate the original of his Last Will and Testament. You think that the original has been lost or misplaced. You Father never expressed to you or anyone else any intention to revoke or change his Will.  It is unusual for a lost Will to have […]

Removing a Florida Court Appointed Guardian

If you have a reasonable basis that you can substantiate, that the court-appointed Guardian is improperly caring for your loved one, the Ward, or not properly performing their fiduciary obligations, you can seek the removal of the Guardian through proper court proceedings. There are various reasons that you may want to further investigate the possibility […]

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