The Florida Constitution protects one’s Homestead from creditors. One provision that is often misunderstood is a devise of a homestead in a will when there are minor children in the family. In some cases two people are getting married and one has a home and a minor child. The spouse…
LegalZoom and RocketLawyer are two of the many online services that allow individuals to create their own wills at low costs. Many times they are below the cost for a single hour of legal time from an attorney. The real question is whether they are a good value for individuals.…
In Florida as with most states, Estate Planning is something that needs to be addressed when one has major changes in their life. This includes divorce and separation. You only have to think about your spouse or ex-spouse getting all of your assets if you should die to realize the…
What happens if you are in the middle of a partition to divide or sell property and one of the owners dies? The pending action is has no force and effect on the ownership. What doest this mean? If you own property as joint tenants with rights of survivorship and…
Google Health just began offering personal health records on the Web. They are joining WebMD, Microsoft, and Revolution Health. These services are designed to help consumers manage their health care and medical spending records. Google record allows users to send personal information to some clinics or to pull records from…
The Florida Supreme court has ruled affirmatively on the question presented to it. Whether, under Florida Statutes section 689.07(1) as it existed before its 2004 amendment, this Deed–which is a recorded real estate conveyance deed to a named trustee of a private express trust identified in the deed by name…
Spendthrift clauses can be confusing to trustees. The general idea with a Florida Spendthrift clause is that the beneficiaries cannot assign their interest in the trust to a creditor ( voluntarily or involuntarily) Here is the test found in a typical clause under the new Florida Trust Code Spendthrift Provisions.…
It could be happening again in Florida, The Palm Beach Post has a report on a similar case. If you do not have a Florida Living Will now is the time to get one. Karen Weber did not have a Florida Living Will when she suffered a seizure back in…
For families living in Florida, choosing a guardian for their minor children is a primary reason why a Florida Will is such an important document to create and keep updated. Often choosing who will care for your children is a difficult decision. Many families find it the hardest decision that…
Before making a Florida will you should think these things before drafting or having your Florida will modified. In Florida to create a valid will the person needs to know what assets they have, who they are giving them to, and have an understanding of who they would go to…