Many people create a Florida Will on their own or with a Florida Estate Planning Lawyer and later want to make a change to one or all of the beneficiaries. Although this can be frustrating because substantial time and thought went into creating the first Florida Will, there are certain…
Articles Posted in Estate Planning
Florida Prenuptial Agreements
Today, more people than ever before are finding the need for a prenuptial agreement before marriage. A Florida Premarital Agreement is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. Although many people view creating a prenuptial agreement as an adversarial process with…
Specific Devises in Florida Wills and Trusts
When using a Specific Devise in a Florida Will or Florida Revocable Trust it is important to understand how they work and what causes them not to work in order to avoid unintended consequences. A specific bequest is a gift of a particular identifiable asset within the estate that can…
When do you Digital Assets Expire and are they Assignable
We have started reviewing digital assets for whether they are assignable and when they will be deactivated. There are services that purport to pass on login information to who you designate after you die. Remember that such a transfer does not appear to be legal and may create liability to…
Choosing a Living Trust Over a Will in Florida. Which is right for you?
It is a common mistake many people make to believe that only the rich and wealthy need to implement a Florida Revocable Trust as a component of their Florida Estate Planning. Often after taking into account your home, bank accounts, cars, brokerage accounts, jewelry, collectibles, and life insurance policy most…
Avoiding Florida Estate Planning Pitfalls
Florida Estate Planning involves many situations where is the potential do have disputes over money or assets. Many problems arise from poorly planned and drafted estate planning and these can lead to fights amongst family members, IRS audits, and lead to high litigation costs. Focusing on your specific needs can…
Can a Trustee Resign? And how under Florida Law
When a Florida Trust is created, the creator of the trust designates a trustee to monitor the trust. There is great responsibility that comes with being the trustee because this individual, or group of individuals handles the distributions to the beneficiaries according to the terms of the trust document. The…
Plan for Your Potential Incapacity in Florida
One important aspect of the estate planning process is determining what will happen if one day you become incapacitated. The decisions that you make on a day to day basis will no longer be possible, therefore you will be required to rely on someone else to make these decisions for…
Disclaiming Inherited Property from a Florida Will or Trust
Most people in today’s society would be happy to discover that they were being left an inheritance in a Florida Will . However, since inherited property under the estate laws of Florida is a gift, the beneficiary does not have to accept the inheritance. Although declining to accept a gift…
Florida Elective Share of a Spouse
Under ideal circumstances a husband and wife will agree to what the surviving spouse should receive when the other dies. However, many times when this doesn’t happen the surviving spouse receives a portion of the estate they are unsatisfied with. For example, an elderly couple who marries later in life…