While Florida generally recognizes wills created in another state that were valid at the time they were created, it is often a good idea to have your will reviewed by a Florida Estate Planning Lawyer when you move to Florida. One problem we often run into is that guardians for…
One of the most difficult processes with a probate it dealing with all of the stuff that is left over. After all of the valuable assets have been collected and distributed there are still many items that are of value to some but often get thrown away because of the…
Roy Doppelt, a California estate planning lawyer, wrote an article on HIPAA and Advanced Health Car Directives. Much of his information applies to Florida Advanced Health Care directives. Roy states that an Advance Health Care Directive appoints a family member or friend to make health care decisions for you if…
It seems like ever few months we hear about another company who provides living trust seminars to the public and scares them into purchasing unnecessary trusts. Another “Trust Mill” has been found guilty of practicing law without a license by masquerading as qualified financial advisers, estate planners, lawyers, and paralegals…
Gerey Byer of the Wills, Trusts & Estates Professors Blog covered an article on ILITS which discusses issues with Irrevocable Life Insurance Trusts (“ILITs”) and some of the important issues of determining the proper trustee and which state law to use. Martin M. Shenkman (Member, Martin M. Shenkman, P.C.) has…
Our twitter feed http://www.twitter.com/guntrustlawyer has been named one of the Top 100 legal feeds
Often each state will have an association that keeps track of horses and their owners. For example in TN there is the Walking Horse Owners’ Association. Thoroughbreds are kept track of in the Jockey Club. The transfer of ownership for all registered Thoroughbreds may be reported to The Jockey Club…
Often a Florida Revocable Trust is not modified promptly upon a divorce. If the trust is subject to Florida law, Florida Statutes 736.1105 can amend the trust when the prior spouse is named as a beneficiary and the other spouse creates the trust. 736.1105 Dissolution of marriage; effect on revocable…
Jonathan G. Blattmachr, a partner at Milbank, Tweed, Hadley & McCoy LLP, has published “Reducing Estate and Trust Litigation Through Disclosure, In Terrorem Clauses, Mediation and Arbitration” in the Cardozo Journal of Conflict Resolution, 9 Cardozo J. Conflict Resol. 237 (2008). He suggests six methods to reduce litigation. 1. Advise…
In a Florida Probate , if the decedent was domiciled in Florida at the time of his death, the surviving spouse or if there is no surviving spouse, the children shall have the right to a share of the estate of the decedent as provided in Florida Statute 732.403. Warning:…