Estate Planning
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...
A will may not be enough for your estate
If you are preparing your estate plan, you want it to be as complete and thorough as possible. Perhaps you have heard that mistakes and omissions in an estate plan can result in confusion and conflict during probate, and you want to be certain to minimize the chances...
To Fund or Not to Fund… Who Is Responsible?
In a recent case, Ellerson v. Brendon F. Moriarty and the Moriarty Law Firm, an appellate court determined that it was an error to dismiss a beneficiary's complaint against an attorney who drafted a trust amendment but did not fund the trust with an asset that would...
Which Controls? The Partnership Agreement or the Will?
In Finlaw v. Finlaw, the court determined that a provision for disposition of a partnership interest overrode the terms of a decedent's Last Will and Testament. The decedent, Twila, together with her husband and the Palmers, entered into a partnership agreement (the...
Single people should not overlook estate planning
Recent world events have prompted more and more people to do the responsible thing and make plans for their estates. Parents who realize that if they die without a will, their children may struggle with an uncertain future, and they are taking the time to make those...
Is your will valid in Florida?
Writing a will is an important and basic estate planning step that few people take. A will that is valid and legal can be an effective way to spare your loved ones many of the stresses and complications that may arise after your death. You can also use a will to...
Assessing your ability to be an estate executor
Taking on the role of estate executor may seem like an honor, and the person who asks you to handle these duties certainly does honor you with the request. However, it is also a tremendous responsibility, and it may place you at risk of personal loss at worst and...
Accepting the role of estate executor
Someone you love has asked you to be the executor of his or her estate. This means your loved one wants to include your name in a will, designating you as the person responsible for handling the probate process and all it entails. Perhaps you were not even fortunate...
5 easy steps to begin your estate plan
Your decision to make an estate plan may have come following the death of a loved one or after hearing someone talk about the frustration of dealing with a parent’s estate with no will left behind. Along with the grief of losing a loved one, family members are often...