A trust is a legal arrangement that allows an individual, the grantor, to transfer assets to a trustee who manages them to benefit designated beneficiaries. Trusts are commonly used in estate planning to protect assets, reduce probate costs, and provide greater control over asset distribution. However, while trusts offer significant advantages, they also have potential […]
In Florida, a will does not need to be recorded while the person who created it is alive. However, once they pass away, the original will must be filed with the circuit court clerk in the county where they resided. Florida law requires this to be done within ten days of learning about the testator’s […]
A living will is a legal document that outlines a person’s medical treatment preferences if he or she becomes incapacitated and unable to communicate. Unlike a traditional will, which distributes assets after death, a living will focuses on healthcare decisions, including life-sustaining treatments. Without one, these decisions may fall to family members or healthcare providers, […]
A power of attorney (POA) is a crucial legal document that allows an individual, known as the principal, to grant another person, called the agent or attorney-in-fact, the authority to act on his or her behalf. Depending on the type of POA executed, this authority can cover financial matters, healthcare decisions, or other legal affairs. […]
Many people are interested in protecting their assets from creditors. While the discussion frequently arises as part of estate planning, the techniques for protecting assets are not the same techniques used in the standard estate plan. The first step in evaluating whether one needs to protect assets is to review how assets are held because […]
Some myths persist in regard to wills, probate and property ownership. Therefore, probate lawyers want you to know the following are TRUE STATEMENTS: Probate is not a dirty word. It is the court-monitored administration of an estate. Whether or not one has a will does not affect whether probate will be required. Property passing according […]
There’s never a wrong time to start thinking about wills, trusts, and the kind of legacy you want to leave behind. If tax season has you reevaluating your financial situation, or you simply want to ensure that you’re doing as much as you can for the people you love, now is a great opportunity to […]
I am scheduled to be part of a panel presenting at the Kim C. Hammond Justice Center in the 1st floor jury assembly room, 1769 E. Moody Blvd., Building #1, Bunnell, FL on Wednesday, April 26th from 5:00 p.m. to 7:00 p.m. to educate the public about probate and estate planning.
A client says, “I want to leave everything to my daughter when I die, no strings attached. Oh, and if she dies, gets divorced or gets sued, I want it protected.” The client does not realize the request is contradictory. Unless specific language is added to a will or trust holding the assets in trust […]
Many people have the misconception that a will avoids probate. This is incorrect. Probate is a court process that is required when a person dies owning assets in the decedent’s own name, and with no beneficiaries to receive the assets. It can be required if the deceased person left a will, and it can be […]
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