Author Archives: Jay Butchko
Steps To Take After Being Appointed Executor
Being appointed the executor of another person’s estate is a big responsibility. An executor is the person appointed by a decedent in their last will and testament. The role of the executor is to oversee the estate as it moves through the probate process. The purpose of probate is to identify the decedent’s assets,… Read More »
How To Object To Probate
The last thing you want to deal with while grieving the loss of a loved one or close friend is the court system. Unfortunately, after someone passes away, state law requires their estate to go through probate. During probate, the deceased’s assets are distributed to parties that have a legal right to them. Probate… Read More »
Common Mistakes Made In DIY Wills
Most people in Florida should have a will. People sometimes want to save on legal fees when drafting their will and so, they find a way to do it themselves. A quick search online will provide you with many different forms available that seem fairly straightforward and easy to fill out. However, there are… Read More »
When To Review Your Estate Plan
After creating an estate plan, you may be tempted to leave the paperwork in a drawer or safe and not think of it again. The important documentation becomes easy to forget about. However, good estate planning requires regular review and revision so you can ensure it reflects your current needs and wishes. So, how… Read More »
How To Find A Loved One’s Will
Not everyone is prepared for the death of a loved one. Sometimes, a death happens suddenly and unexpectedly, leaving families no time to talk about what should happen afterwards. In some cases, family members know that their loved one had a will, but they do not know where it is located. Locating the will… Read More »
What Are My Children’s Inheritance Rights If I Die Without A Will?
Adult children have no right to be named as a beneficiary of their parent’s will or trust under Florida law. In other words, if you do have adult children, you do not have to leave them anything in your estate plan. You could also choose to favor one child over another. In the event… Read More »
Five Of The Most Common Estate Planning Mistakes
Making the decision to draft a will and create an estate plan is a very responsible one. Doing so will make sure that your loved ones are less stressed and taken care of during one of the worst times of their lives. Unfortunately, slapping together an estate plan is not enough to ensure your… Read More »
How Federal And State Courts Can Get Intertwined In Probate Disputes
Probate is traditionally a function of state law in the United States. This means that as a general rule, a federal court will not exercise jurisdiction over probate litigation. This principle is known as the “probate exception.” This exception is limited, however, and does not prevent federal courts from hearing cases that may indirectly… Read More »
What Happens To A Florida General Partnership Upon A Partner’s Death?
There are a number of ways that two or more people can go into business together. The simplest method is to form a general partnership. Indeed, in the absence of any legal agreement or forming another specific type entity, such as a corporation, any association of two or more people for the purposes of… Read More »
What Tax Returns Must Be Filed By A Florida Probate Estate?
In 1789, Benjamin Franklin told a colleague that the newly adopted United States Constitution “has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.” Indeed, death and taxes are inextricably linked together in our legal system, so much so that even after a… Read More »