Family Law and Estate Planning
What is probate, and when is it necessary?
End of life planning is a challenging topic for anyone going through it. However, it is necessary for both the individual reaching that stage if they want to protect their assets and make their wishes known. This planning involves making decisions about what to do...
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...
Prenuptial Agreement Means What It States….
In Baldwin v. Harris, a surviving spouse, was successful in the interpretation of language in a prenuptial agreement. Prior to Letetia ("Wife") marrying Henry ("Husband"), they entered into a prenuptial agreement, which contained a provision stating that, if wife...
A designated health care surrogate stands up for your wishes
For many people, the thought of estate planning is difficult enough. Thinking about what will happen to their families and their possessions after they die can be overwhelming, which is why so many put off this critical task until it is too late. However, what may be...
How Do You Exercise A Power Of Appointment (“Poa”)
In Cessac v. Stevens, 2013 WL6097315, Sally died having an interest in 3 different trusts. Sally devised the residue of her estate to Joanne. Sally’s will did contain a reference to the trusts but did not reference the POA held by Sally. All trusts included a...
New Tax Act Creates Trap for Family Law Attorneys and Their Clients
Upon divorce, most clients find their estate planning documents do not meet their needs. A happily married couple generally have aligned interests, both wanting to save estate taxes and provide for each other and their children. Accordingly, they may create trusts...
Draft What You Mean and Mean What You Draft!
Drafting documents can be difficult but if you draft what you mean and mean what you draft, drafting can become easier. Ambiguity is the bane of every estate planner. Once someone has become incapacitated or deceased, the documents should clearly reflect the...
You Are Getting Divorced…Do You REALLY Need to See an Estate Planner?
Upon a dissolution of marriage, Florida law provides that an ex-spouse can not benefit from the other spouse’s Last Will and Testament and Revocable Trust. This was discussed in a prior blog. This blog will address specific aspects of beneficiary...
REMINDER!!! Clocks Turn Back But You Must Go Forward With These Items
The end of the year brings many deadlines and opportunities for planning. Here are a few items to remember: If you are over 70 1/2 and are charitably inclined make use of the qualified charitable distribution. No income to you and a gift to charity. Discussed in a...