Category Archives: Probate and Estate Disputes
Avoiding Probate with Joint Tenancy in Florida
One of the most common questions an estate attorney hears is how a person can avoid probate. This legal process wherein your property is accounted for and transferred according to the terms of your will can be a lengthy and expensive ordeal. Fortunately, one of the easiest ways to save your family from the trouble […]
Living Trusts Versus Wills
A common question people have in the estate planning process is the differences between living wills and trusts. Although both are excellent estate planning tools, often people lack a full grasp of what these documents actually do and are ill prepared to make such an important choice between them. Both documents offer you the ability […]
Planning Ahead: Making Funeral Arrangements in Florida
Retirees in Florida are often fastidious about making sure their estate documents are in place and their families are cared for, but often they neglect the very last arrangement: funeral planning. While it is a topic some people don’t like to think about, planning and paying for your own funeral can be an excellent way […]
What are Pour-Over Wills and Do You Need One?
When you’re planning your estate, you are likely to investigate all of the will and trust options that you have. For those leaning toward a revocable living trust, consider instead a pour-over will. These instruments are often used in conjunction with a trust and function to allow all of your property that passes through your […]
Summary Administration Versus Formal Administration in Probate
When someone dies, that person’s estate may be put through formal administration (in other words, the regular probate process) or it may be eligible for summary administration. This means that there are multiple methods of administrating probate in Florida. Summary administration is offered in a few select situations. Considered a shortcut to probate, this option […]
How You Can Use Roth IRAs to Avoid Probate
If you’re beginning to think about retirement, consider setting up a Roth Individual Retirement Account (IRA). Not only are IRAs very tax-friendly savings plans, but they also have long-term benefits that allow you to leave money for your heirs without forcing them to go through a challenging probate process. One misconception people have about setting […]
Florida Decides Question: Are Person’s Remains ‘Property’?
This past May, a Florida appellate court had the opportunity to decide a rather strange new question regarding estate law. The case, Wilson v. Wilson came about after a 23-year-old man was killed in a car accident. He died without a will and left no written or verbal instructions regarding how he wanted his body […]
What Are the Tax Advantages of a Charitable Trust?
Many people who have enjoyed some financial success in their lives want the opportunity to give back to charities and organizations. For those who wish to donate generous amounts to charity, it may be worth creating a charitable trust. A charitable trust essentially requires that you give up legal control of your property, which is […]
Florida Must Recognize Delaware Same-Sex Marriage in Probate Case
A south Florida judge ruled in a probate case that the state of Florida must honor the marriage of a Pennsylvania man whose husband died in Florida. The ruling enables Jason Simpson to be the personal representative for the estate of his husband, Frank Bangor, who passed away earlier this year. Simpson and Bangor were […]
Burial Disputes in Florida
Unfortunately, sometimes families disagree over the last will and wishes of loved ones. Yet what happens when a family fights over how and where the decedent’s funeral and burial should take place? While it may sound unusual for brothers, sisters and other family members to argue over the details of a loved one’s final resting […]