Firm News
NEW IRA Proposed Regulations…Timing of Distributions over 10 Years is NOT what Most Practitioners Believed!
The recent proposed regulations ("regulations") of the SECURE Act issued on February 23, 2022 surprised the tax community with rules regarding the 10 year distribution rule for beneficiaries, pleased the tax community by providing examples for determining whether...
Settlement in Probate Proceeding? Magic Language Should be in the Order!
In a probate proceeding, the personal representative and beneficiaries may have a dispute and reach a settlement agreement to resolve the controversy. The terms of the settlement agreement must be drafted carefully and referenced in the order approving the settlement...
Homestead… Red, Yellow or Green?
The concept of Florida homestead is one of the most difficult, if not one of the most important concepts to understand in estate planning. It has been called the legal chameleon because of the changing definitions of homestead depending on the context you are using...
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...
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...
Settling a Probate Claim? READ the Documents Supporting the Claim!
The recent case of Millini v. Paulucci reminds us that simple mathematical calculations may not correct if you do not read the document on which you are basing the calculations. Incorrect calculations can lead to the dreaded word for any attorney... malpractice......
Your Signature Block Just Got Smaller
At the end of a lawyer’s email there is a lot of language that no one reads, no one pays attention to and no one cares about. So why do we put it there? A few years ago Treasury issued proposed regulations (known as Circular 230) which provided complicated guidelines...
Trust Code Updates Lapsing Statute
Section 732.603 of the Florida Statutes (the “antilapse statute”) is a probate default rule of construction that allow certain devises under a last will and testament to pass to the devisee’s descendants instead of the devise “lapsing” to the residuary or passing by...
Cremated Remains: An Uncomfortable Topic But Necessary To Discuss
Generally, families are in agreement over the disposition of cremated remains but in a recent 4th District Case, Wilson v. Wilson, 138 So. 3d 1176 (Fla. Dist. Ct. App. 2014), the District Court upheld a longstanding legal principle that a decedent’s cremated remains...
Beware! Your Fee Agreement May Not Be As Clear To Clients As You May Think
In West v. Chrisman, 2014 WL 4683182, a Florida District Court affirmed the Bankruptcy Court’s Order finding that West, as Co-Trustee and attorney for the trust administration, owed a non-dischargeable debt to the trust in the amount of $212,478.00, because his fee...