Author Archives: Jay Butchko
Estate Planning For LGBTQ Couples In Florida
Everyone can benefit from developing an estate plan, including LGBTQ couples. As a rule of thumb, people in the LGBTQ community are less likely to get married, not to mention that they may have children where only one or none of the partners is the child’s biological parent. That is why estate planning is… Read More »
What Does ‘Per Stirpes’ Mean In Florida Last Will And Testaments?
If you have seen someone use the term “per stirpes” in a Last Will and Testament, you might wonder, “What does it mean?” Many Wills contain the words “per stirpes,” which is Latin for “by branch.” The legal term “per stirpes” in a Will refers to how the Testator’s assets will be distributed to… Read More »
Land Trust: What Is It And What Are The Benefits?
Many Floridians are setting up Land Trusts for their properties in the Sunshine State. But what is a Land Trust, and can you benefit from creating it as part of your estate plan in Florida? If you are considering setting up a Land Trust in Florida, consult with a St. Petersburg trust planning attorney… Read More »
Do Prenuptial Agreements Override A Last Will And Testament In Florida?
An increasing number of Floridians understand the importance of having a comprehensive estate plan that includes a Last Will and Testament. Many people who write a Will also have a prenuptial agreement stemming from their marriage. But do prenups override Wills in Florida? What happens if a prenuptial agreement and a Will are in… Read More »
How To Name A Guardian For My Minor Children In Florida
Children are our most precious and valuable “asset.” No parent wants to think about dying prematurely and having no one to take care of their minor children. While merely thinking about leaving your children behind can be frustrating and painful, it is vital to consider naming a guardian for your minor children if you… Read More »
What Is The Difference Between Ancillary And Domiciliary Probate In Florida?
Ancillary probate is required when a decedent had real estate, including a house, in a state outside of Florida. Ancillary probate is also necessary when the decedent lived and died in another state but owned real property in the State of Florida. The biggest difference between ancillary and domiciliary probate is that the latter… Read More »
Can I Challenge A Will Before The Testator Dies?
Beneficiaries and other interested persons can challenge a Will if they have valid grounds for a Will contest. In Florida, there are several legal grounds for challenging a Testator’s Will. But can you challenge a Will before the Testator’s death? Legal Standing to Challenge a Will Not all persons are permitted to challenge a… Read More »
5 Problems That May Arise During Probate In Florida
Probate administrations are often new experiences for many heirs/beneficiaries or personal representatives handling the estate. It can seem like an intimidating process if you’ve never been involved with one before. Although it can seem like a straightforward process, it is not uncommon for problems to arise when handling probate matters. It’s important to know… Read More »
What Is The Time Limit For Creditors To File A Claim Against A Deceased Person’s Estate?
When you open a formal probate administration in Florida, it is best practice to wait distributing the decedent’s assets until after all of the debts have been determined. For this reason, creditors have a specific time limit to file claims within a decedent’s estate. Failure to make a claim within the applicable time limit… Read More »
Can You Reopen An Estate If New Assets Are Discovered After It’s Closed?
It is not uncommon for additional assets to be discovered after an estate is closed. But can you reopen an estate that was closed if new assets are discovered after the closing? In Florida, courts may consider to re-open an asset for any assets that were hidden or not otherwise uncovered during the original… Read More »