Sometime before her death, a Florida resident living in Ormond Beach made a will using an “E-Z legal form”. She relied on the form and carefully listed the assets she wanted her sister to receive including her house, her IRA account, her life insurance proceeds and all of her bank…
Florida Probate Litigation Lawyer Blog
Including Vacation Homes in Your Estate Plan
Florida is an ideal location for a beachside vacation home or condominium. Many northerners or “snowbirds” like to make their way south every winter and enjoy all that south Florida has to offer. Excellent restaurants and weather make Florida a primary location for vacation homes. Miami, Ft. Lauderdale, West Palm…
Legal Name Changes
All counties in Florida are governed by Florida Statute §68.07 regarding name changes. Before you begin the process you must consider why you want to change your name. There are different steps if you are changing your name pursuant to a marriage, divorce, or changing your name back to a…
Do I need to create a trust if I already have a will?
Some individuals have a will and also have a revocable living trust to distribute assets. Often they are the trustee of the revocable living trust and their children or family members may be the beneficiaries. Why would somebody do this? Won’t their assets pass under the will when they die?…
Notice to Creditors
A personal representative of an estate has a duty to make a reasonable search to determine the names and addresses of creditors. Creditors may include banks, electric companies, service providers, judgment creditors, or a past healthcare provider. A personal representative may wonder what type of “search” is required. Florida law…
Strictly Adhering to the Terms of an Estate Planning Document
Once again a recent court case reminds us how important it is to have up-to-date and very clear estate planning documents. A case out of Broward County could have happened anywhere in Florida. The Broward County Court decided a case wherein a lady created a trust. Pursuant to the terms…
Lottery Winners and the IRS
As Florida lottery ticket sales increase so do the dreams of winning. Scratch-off ticket sales for the week ending March 4, 2012 in Florida, exceeded $60 million, the highest level of sales achieved since the Florida Lottery launched its first ticket in 1988. Some winners plan ahead by attempting to…
Retired? How you can use a LLC and FLP in your Estate Plan
Florida is famous for its unique attributes. The state is known for having plenty of sunshine, ocean breezes and its “snowbirds”, or its senior citizen residents who return to Florida every winter to take advantage of all the Sunshine State has to offer. Florida has retained the highest percentage of…
Estate Planning with Artwork
Miami-Dade, Broward and West Palm Beach counties are home to some of the finest art in the country. Alongside the many fine art galleries located in South Florida there are private art collectors and individuals who own valuable and sometimes extensive collections. These collections make up part of their estate…
A Cruise Ship Accident and Death at Sea
Florida Statute 731.103(3) creates a presumption of death if a person is missing for five years. Once this happens, the person’s estate can be probated and their assets can be distributed. However one does not always have to wait for five years to pass. With enough circumstantial evidence, a person…