An alternate beneficiary is a person or entity that you name in your Florida Will or Florida Revocable Trust to receive a gift or devise in the event that the direct beneficiary does not outlive you or is not fit to receive the gift because of a legal reason, disclaimer,…
Articles Posted in Living Trust / Revocable Trust
Funding Your Florida Trust
Creating a Florida Revocable Trust is a job that most Florida Estate Planning Lawyers are capable of but the process of avoiding Florida Probate does not end there. Once the Florida Revocable Trust has been created it must then be funded with the client’s assets. Without proper funding all of…
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…
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…
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…
Bank of America settles lawsuit involving Countrywide FInancial lending practices
Bank of America settled a class-action lawsuit stemming from their acquisition of Countrywide Financial based upon predatory lending practices in eleven states including Florida. The funds provided by this settlement includes lowering of interest rates, lowering principal, no loan modification charges, and waiving prepayment penalties. This new program was launched…
Florida Trusts: Who is involved and what is the Grantor, Trustee, and Beneficiary?
A valid Florida Living Trust or Florida Revocable Trust includes three typical positions that most individuals can occupy. Each Trust should have a grantor, trustee and beneficiary at the time the Florida Revocable Trust is created. The grantor, sometimes called the settlor, is the person who originally sets up the…
Can a Florida Will/Trust Disinherit a Child for Religious Reasons?
In many cultures it is important to parents that their children marry into their religion. Orthodox Jews often disinherit their children and will even stop speaking to them if they marry outside the Jewish religion. While public policy will not permit a provision in a Florida Will or Florida Revocable…
How to Defend a Foreclosure in Jacksonville
In Jacksonville a Florida Foreclosure Lawyer uses many laws that regulate the mortgage lending process to defend your Jacksonville Foreclosure. The first step is to determine what laws and issues apply to your case by doing a careful analysis of your specific circumstances. When you talk with a Jacksonville Foreclosure…
Jacksonville Foreclosure Mediation Lawyer
In Jacksonville Florida including Duval, Clay and St. Johns Counties, all new residential foreclosure lawsuits are directed to a “Mediation with the Lender”. While some who participate in these mediation feel they are getting a good deal, most do not realize what they are actually agreeing to when an agreement…