Estate Planning

Estate Category

Preparing your Estate Plan During a Pandemic

As a result of the surge of COVID-19 cases throughout Florida recently, many Floridians who had not considered getting a last will and testament prepared or not previously contemplated their mortality are now seeking to get their legal affairs organized quickly. While most people only have mild symptoms of COVID-19, it does not hurt to be prepared by having your estate plan in order. I’ve always felt strongly that everyone should have at least a basic estate plan, regardless of the COVID-19 outbreak, so a person’s wishes will be honored in the event of death, incapacity or a health crisis. Having an estate plan implemented is meant to ease concerns by knowing who will be in charge and what will happen if something unexpected happens to you or your loved ones.

Estate Category

Secure Act and Its Impact on Retirement Plans

On December 20, 2019, the President signed into law the “Setting Every Community Up for
Retirement Enhancement” Act (the SECURE Act). The Secure Act modified many requirements
for employer-provided retirement plans, individual retirement accounts (IRAs), and other tax-favored savings accounts.

Estate Category

How Assets Transfer When a Person Dies

When a person dies their assets generally transfer to a new owner in one of four ways as follows: Joint Owner with Survivorship Rights; Payable-On-Death/Transfer-On-Death/Beneficiary Designation (“Beneficiary Designation”); via Probate; or via a transfer to a Trust.

Estate Category

Electronic Wills in Florida are Coming, But are They a Good Idea?

Effective, January 1, 2020, adult Florida residents will legally be allowed to execute an electronic last will and testament (a “Will”) to dispose of their property when they die.

Estate Category

What is Probate?

Probate is the legal process through which a deceased person’s debts are paid and assets are distributed to their heirs or designated beneficiaries via a court process.

Estate Category

Overview of Undue Influence Will Contests

The term “Undue Influence” is a legal cause of action that can be brought in court when it is believed that a deceased person’s Last Will and Testament (trust, deed, beneficiary designation, etc.) was the product of another person’s over-persuasion, duress, force, coercion… to such a degree that the person who signed the document did not use their own free will power in executing the document.

Estate Category

Is Your Minor Child Protected if Something Happens to You?

My wife and I had our first child in November of last year (Nina). Our first order of business, like many others, was to purchase more life insurance coverage.

Estate Category

What If A Deceased Person Owes You Money?

When a person owes you money and dies, all is not necessary lost and the funds can still be recovered at times from the deceased person’s probate estate if proper procedure is timely followed by you as the creditor.

Estate Category

Loved one is now deceased, what should we do?

As an estate planning and probate attorney, I often encounter the following question… What happens to my remains when I die?

Estate Category

Second Marriages and Your Estate Plan

Q. What if I don’t have a Will?

Animal Law

Pets and Estate Planning

When we think about estate planning, we generally focus on our family and friends, but what about our pets that may outlive us?

Estate Category

Attorney or Title Company to Handle a Closing

Q: The Personal Representative (Florida’s term for an Executor) of my father’s estate is selling my father’s home to a family member. What is the process for this transaction, and should the probate attorney or a title company handle the closing?