The short and quick answer is yes, it is a possibility, but you should first be familiar with applicable Florida Statutes and some definitions before proceeding. A Nomination of Successor Guardian is a document drafted and notarized by a current guardian of an incapacitated person. It names who the guardian…
Has your loved one been deemed incapacitated by a court order and had a court appointed guardian over their person and property? Do you believe the court appointed guardian is improperly taking care of your loved one and managing their assets in their best interest? Are you concerned for your…
In Florida, a voluntary guardianship over a person’s property is available for a competent person who is unable to manage his or her own financial affairs. To begin the process, the person seeking a voluntary guardianship files a petition with the court and is referred to as the petitioner. Once…
A trust can be amended it a number of ways depending on whether the trust is revocable or irrevocable. Usually, an irrevocable trust cannot be modified unless there is a judicial modification or the trust terms allow for a modification. A recent court ruling in Florida now provides that a…
The first version of the Uniform Fiduciary Access to Digital Assets Act, or UFADDA, emerged from major Internet and tech companies. They objected largely on the basis that the law violated the decedent’s privacy interests and would override many company’s current terms of service agreements. In early 2015, the state-by-state…
If you have a family member or friend you believe can no longer care for their own health and/or finances due to an incapacity AND there is not a Power of Attorney or other similar document already in place, it may be time to look into guardianship. A guardian will…
There is a myth that trusts and estate planning are for the rich only, but this is actually a common misconception. Estate planning for high net worth individuals usually centers on reducing tax bills, but estate planning has a number of benefits and objectives depending on a client’s needs. An…
Many parents who have children with physical and/or mental developmental disabilities need to know what to do when their child comes of age. On a child’s 18th Birthday, regardless of any physical or mental disability, their parents automatically lose the ability to make decisions for their child. This is a…
Florida’s 4th District Court of Appeals recently decided the case of what to do with a will that left the murder’s children the victim’s estate. The trial court held the “slayer statute” did not affect the will, and did not find enough evidence of undue influence to invalidate the will,…
A trust is one of the most important estate planning tools available and can be used to achieve almost any estate plan’s purpose. A trust can even be drafted with provisions to allow the settlor, or the person who creates the trust, to set conditions for the beneficiaries to meet…