What is elder financial exploitation? The Florida Department of Elder Affairs defines elder financial exploitation as “the illegal or improper use of another individual’s resources for personal profit or gain.” This exploitation takes on many forms involving deception and/or coercion, including the improper use of a power of attorney. What…
IRREVOCABLE SPENDTHRIFT TRUSTS Trusts are popular estate planning instruments that may bring many benefits both during lifetime and in the case of death. Some common reasons for setting up a trust include the avoidance of costs and time consumption of probate proceedings, property management for those who cannot or…
HOW THE NEW TAX BILL MAY AFFECT DIVORCES In one of our previous posts we informed about the new Tax Cuts and Jobs Act (“TCJA”) and the major changes it brings, including the various adjustments in tax deductions. This article focuses on deductions applicable to alimony, as the new system…
The New Tax Bill At the end of last year, Congress passed the most significant tax reform since 1986 and unsurprisingly, it aroused many controversies. Its supporters are convinced that the bill is a big success for workers, pointing out positive changes already in effect, such as Wal-Mart raising its…
Guardianship: When No Less Restrictive Alternative is Available What is guardianship? The simple answer: court intervention to safeguard the property and care of an individual unable to make such decisions themselves. A person under guardianship becomes a ward of the court. State law establishes the process for determining an adult’s…
IRREVOCABLE SPENDTHRIFT TRUSTS Trusts are popular estate planning instruments that may bring many benefits both during lifetime and in the case of death. Some common reasons for setting up a trust include the avoidance of costs and time consumption of probate proceedings, property management for those who cannot or…
How to comply with formal requirements of Will execution Florida law places great emphasis on compliance with its statutes regarding execution of wills. This is to assure the authenticity of such an important document profoundly affecting many lives, and prevent fraud and imposition in its execution. The statutory provisions, which…
When devises are actually not part of the estate Many unexpected things can happen in the period between the execution of a will and the actual death. For example, a decedent may devise the family house in Key West to her granddaughter. Several years after executing the will, the decedent…
Legal Capacity and Estate Planning- How to Help Safeguard a Will from Future Litigation When a loved one grows older, their caretakers’ ever growing to-do list can be overwhelming. After dealing with the basic, everyday needs of an aging family member, it may sometimes be easy to overlook the fact…
Where There’s a Will, There May Not Always Be a Way for Attorney-Client Privilege Attorney-client privilege may not always apply in probate litigation. In fact, the Third District Court of Appeal has held that under the Florida Evidence Code, a lawyer may not invoke attorney-client privilege under certain circumstances. Attorney-client…