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Florida Probate Litigation Lawyer Blog

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Real property and wills – Educate yourself on the implications of Probate proceedings

Does My Will Control My Joint Property? There are several different ways to hold real property with another individual in Florida. The three main ones are: 1) tenancy in common, 2) joint tenancy with a right of survivorship, and 3) tenancy by the entirety. The way co-ownership of real property…

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Your beloved pet “Sploot” is alive and well, so how do we keep that state of calm and relaxation?

What Happens to My Pets When I Die? Florida Pet Trusts Many people consider their pets to be an integral and indispensable part of their families. For that reason, many people want to ensure their beloved dog, cat, horse, or other animal will be provided for in the event of…

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In Florida, if you are going through a Divorce or Family Collaborative law process, ensure to include your Estate planning and Beneficiaries

What Happens to My Estate Plan When I Divorce? People often designate their spouse as a primary beneficiary in their will, trust, or beneficiary designation, but what happens in the case of divorce? Oftentimes, a person may neglect to update their testamentary plan following a divorce and leave their ex-spouse…

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What to know under Florida law during COVID-19 – Naming your kids as beneficiaries of life insurance policies

COVID-19 – Buying Life Insurance to protect your children, but what happens when you name them as the beneficiaries? During these uncertain times, people are attempting to prepare for the worst. This is especially true for those who have minor children. The fear of getting infected with the virus, developing…

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Can a Beneficiary act as a Witness during a pandemic?

Social Distancing and Signing Documents: Can a Beneficiary Act as a Witness? During COVID-19, we have had to adapt the way we sign estate planning documents while maintaining safe social distancing. Although businesses are slowly reopening and things appear to be getting back to a sense of normal, it is…

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COVID 19 – Quarantined, who makes medical decisions?

COVID 19 Pandemic: If I can’t make medical decisions for myself, who can? On January 19, 2020, a man in his mid-thirties reported to an urgent care clinic in Snohomish County, Washington, with a persistent cough and fever. The next day, testing by the Center for Disease Control confirmed that…

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Quarantined during COVID 19 – How do I get my estate planning documents notarized?

How to Safely get Documents Notarized During a Pandemic For the indefinite time being, social distancing and staying home are necessary safety measures. However, that does not mean the world stops. People still have needs and documents that must be notarized. There are ways to do that without leaving the…

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Quarantined – take the time to review your estate planning documents, joint tenancy agreements and beneficiaries

COVID 19 – Is Your Estate In Order? Non-Probate Transfers and Pitfalls of Beneficiary Designations In the wake of the recent Corona virus pandemic, many people are understandably concerned about their estate plan. A common misconception is that if you have executed a will or even a trust, then you…

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Part 2: The Secure Act – Look at your trust, your beneficiaries, and get it reviewed

Do I Need to Amend My Trust Because of the Secure Act? Last month, in our last blog, we addressed the basics of the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act’) and how retirement plan beneficiary designations will be impacted for individuals who die…

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Part 1 – The Secure Act (the rules changed very recently for beneficiaries)

The Secure Act: Retirement Accounts and Your Estate Plan Beginning on December 20, 2019, the Secure Act substantially changed the rules for designated beneficiaries of retirement plans, with wide raging implications for estate planning. The old rule used to be that upon the death of a retirement account owner, the…

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