Recent Blog Posts

Can A Florida Guardianship be Terminated?

A Florida Guardianship can be terminated under the provisions set forth in Florida Statute 744.521 and Florida Statute 744.524. Ward has become sui juris or has been completely restored to capacity Ward has had all rights fully restored Ward has died When a Ward has become sui juris or been restored to capacity, it means […]

Fiduciary Duty as Agent in a Florida Durable Power of Attorney

Your Brother has been designated as Durable Power of Attorney for your Mother, and she can no longer handle her financial affairs on her own.  He agreed take on the responsibility of the role as her agent under her Power of Attorney, and accepted the responsibility that goes along with being your Mother’s agent. He […]

Florida Special Needs Trust

In previous years, Special Needs Trust could only be set up for you by a third party, such as a parent or Guardian. However, laws governing Florida Special Needs Trusts were amended. Now, you as a disabled person, if you have the ability to make independent decisions for yourself, are able to set up a […]

Individual Trustee versus a Corporate Trustee for a Florida Trust

An Orlando, Florida Trust is a legal document created by a party (the Trustor) through which a second party (the Trustee) holds the right to manage the Trustor’s assets or property for the benefit of a third party (the beneficiary). The four main types of Trusts commonly used are (1) Living Trust; (2) Testamentary Trust; […]

Common Florida Trust Questions

Many Florida attorneys recommend Trusts to their clients. However, not everyone needs a Trust. A Trust is a legal document created with the purpose of naming a person or entity to hold assets and property for the benefit of others. The “Trustee” is the person or company that manages Trust property and “beneficiaries” are the […]

Why It Is Important for Me to Have A Florida Living Will

A Living Will, also referred to as an Advanced Directive or Healthcare Directive, is a legal document that any person with capacity can execute to inform physicians and/or first responders of their preferences regarding emergency or end-of-life medical care, in the event that they are not verbally or otherwise able to communicate those preferences. No […]

Responsibilities of a Florida Trustee

You have been appointed as the Trustee of a Florida Trust. You now have responsibilities to the Trust and the Trust beneficiaries. It is important that you are aware of your responsibilities and duties as the Trustee.  You should consult with an experienced and knowledgeable Florida Trust and Estate Planning Attorney to assist you. You […]

Florida Elective Share of a Florida Estate

In 1975, the Florida legislature abolished the dower and courtesy laws. In their place, they enacted the “Elective Share” law.  At the time, a spouse could make the Elective Share against probate assets. However, a decedent could still exclude his or her spouse by leaving nothing subject to probate administration.  In 1999, the Florida legislature […]

Florida Guardianship and Annual Reporting: What You Need to Know

A Guardian has been named the Florida Guardian of your loved one. Now what?  Pursuant to Florida Statute 744.367 and Florida Statute 744.3675, a Guardian has the duty to file annual guardianship reports. Typically, each Guardian of the property pursuant to Florida Statute 744.367 must file an annual accounting; and each Guardian of the person […]

Have You Had A Florida Estate Planning Check-up?

It is hard to believe we are in the final months of 2017.   Now may be a good time to sit down with an experienced and knowledgeable Florida Wills, Trust, and Probate attorney to review your estate plan.   One of the most common issues with individual estate plans is the failure to keep the […]

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