Author Archives: Jay Butchko
What Fees And Expenses Can You Expect During The Probate Process In Florida?
Generally, the cost of probate depends on a variety of factors, including the number and value of assets. Many people do not understand what fees and expenses they can expect during the probate process. It’s important to understand the types of expenses than can be incurred during an administration so your Personal Representative can… Read More »
Should You Transfer Your Homestead Into A Living Trust?
Many Floridians choose to set up a Living Trust as part of their estate plans. There are numerous benefits of having a Living Trust. One of the many benefits is that it helps avoid the lengthy and costly probate process. A Living Trust can be executed when the Grantor (the person who creates the… Read More »
What Is A Mutual Will Agreement In Florida?
As estate planning lawyers, we often get asked about Joint Wills and Mutual Will Agreements. If you are a married person who wants to set up an estate plan, you may have thought about creating a Mutual Will. It is not uncommon for spouses to want to combine their Wills by using a Joint… Read More »
How Do Florida Courts Determine Mental Incapacity?
The terms “capacity” and “incapacity” are often used in estate planning documents and laws, but many people do not understand the legal significance of these two words. Depending the context, these terms can have vastly different meanings. What is Testamentary Capacity? One of the requirements to execute a valid Will is to be over… Read More »
Should I Create A Will Or A Revocable Living Trust?
Clients often ask our attorneys, “Is it better to have a Will or a Revocable Living Trust?” It is important to understand that each person/family is different, and what is best for your neighbor may not be best for you. When deciding which estate planning tool is best for you, it is important to… Read More »
What Happens To Mortgage And Debts When You Die?
Mortgage debt accounts for the vast majority of U.S. consumer debt. Not all mortgagors (people who borrow money from a lender to purchase real estate) pay off their mortgage before their death. When a person dies before their mortgage is paid off, the next in line heirs or beneficiaries must find a way to… Read More »
Legacy Protection Lawyers Ranks Top 20 in Gator100
We are pleased to announce that Legacy Protection Lawyers, LLP was named to the University of Florida’s 2021 Gator100 during a special virtual ceremony on April 23. The Gator100 recognizes the world’s fastest-growing Gator businesses—that is to say, businesses owned or led by UF alumni. Ernst & Young calculated each company’s compound annual growth… Read More »
Does Florida Recognize Holographic Wills?
Many people who consider creating a Last Will and Testament wonder if they can write a Will in their own handwriting. It is often on someone’s “deathbed” which is why there are many issues surrounding the creation and execution of a holographic Will. What is Considered a Holographic Will? A holographic Will is a… Read More »
Do I Need To Revise My Estate Plan After A Divorce?
As a rule of thumb, you should review your estate plans after a major life event. A dissolution of marriage is a major life event that should prompt you to review your estate planning documents to confirm it still accurately reflects your wishes. However, not updating your estate plan after a divorce could complicate… Read More »
What Are The Different Types Of Trusts In Florida?
Trusts can be an essential element of any estate plan. However, there are many Trusts to choose from and it can be difficult to determine which one is best for you. Below is a high-level review of four different types of Trusts that can be essential to estate planning. Let’s start with the basics… Read More »