Clearwater, Florida Estate Planning Blog
Who Has Standing to Object in Probate Proceeding?
In Duff-Esformes v. Mukamal, a trial court overruled an objection by a beneficiary of an estate. The beneficiary of the estate was also a beneficiary of the trust into which the estate "poured over". Nathan Esformes died in 2015. His beneficiaries in his will were...
Disgruntled Beneficiaries…. We All Know Them!
Many of us have experienced beneficiaries who want their money the day after the decedent dies! In a recent case, the court determined that the personal representative did everything right and, in fact, the disgruntled beneficiary created many of the issues. In...
7 signs you may need long-term nursing care
Thinking about long-term care is not something most people do until they begin to get older. Unfortunately, for many, this comes too late to make plans for paying for that very costly care. The National Association of Area Agencies on Aging assess that about 20% of...
Protecting the benefits your special needs child receives
From the time you learned that your child had special needs, your life’s mission was to protect him or her. It does not matter if your child’s disability occurred at birth or was the result of an injury or accident. You have provided whatever was necessary for your...
Last Minute Prenuptial… Time Enough to Waive Spousal Rights?
In Arlene Williams-Paris v. April Nelle Joseph...et al., Arlene ("Wife") appealed several probate orders that she waived rights to her husband's ("Decedent") estate. A year before their marriage, Decedent and Wife discussed making a prenuptial agreement and the...
Marital Settlement Agreement- Who Receives the Proceeds of the 401(k)??
In Lynn Martinez-Olson v Estate of Dan Olson, Lynn Martinez-Olson ("Lynn") divorced Dan ("Decedent") in 2017. As part of the marital settlement agreement (the "Agreement"), each party agreed that they would receive all benefits existing by reason of their employment...
Arbitration…Is Prohibitive Expense a Defense?
Often, upon admission to a nursing home, the individual who enters the nursing home signs a contract which compels arbitration in case of disputes. In the recent case of Darcell Wick v. Orange Park Mgt, LLC, the court answered the question of whether the child of the...
ALERT…NEW LEGISLATION PROPOSED BY HOUSE WAYS AND MEANS COMMITTEE ON 9.13.2021
The House Ways and Means Committee released 881 pages of proposed legislation on September 13 to give a nation full of stressed tax attorneys just that much more to be stressed about! Rather than reinvent the wheel here is a link to a great summary by a friend of...
Making a long probate even longer
In Florida, as in other states, the probate process can be unpredictable. Even if the estate involved is relatively small with only one or two heirs, those heirs can expect to wait six months to a year before the process ends. If you have recently lost a loved one and...
What can I expect during probate?
Following a loved one’s death, you may be dealing with many complex and confusing events. Certainly, you will have to face the funeral or memorial service, and you may be supporting and consoling grieving relatives and friends. Eventually, however, you will have to...