Author Archives: Jay Butchko
4 Essential Tools To Plan For Incapacity In Florida
Incapacity refers to a person’s lack of physical and/or mental ability to make important decisions or perform activities of daily living. When a person becomes incapacitated, they can no longer manage their own affairs or maintain their own physical well-being. For this reason, they need someone to make healthcare and financial decisions on their… Read More »
Why Should I Avoid Intestate Succession (Dying Without A Will) In Florida?
Many Florida residents put off estate planning until it is too late. Of course, some people reason it does not matter anyway. After all, doesn’t Florida law decide what happens to a person’s property after they and do not leave a will? For many people, they figure it is just easier to let the… Read More »
What Exactly Is “Undue Influence,” And How Can I Avoid It When Making My Will?
The phrase “undue influence” is often used when discussing contested probate estates. The basic idea is that a will (or trust) should be considered invalid because some person engaged in improper action to procure the document in question. For example, let’s say Emily has three adult children. One of these children, Scott, cares for… Read More »
What Is An Insolvent Estate?
The normal process for administering a Florida probate estate involves gathering the assets owned by the deceased, paying any outstanding debts and expenses, and then distributing whatever is leftover to the beneficiaries of the estate. But what happens when the estate’s debts and expenses exceed its assets? In legal terms, this is known as… Read More »
Does A Revocable Trust Have To Pay Federal Income Tax?
Revocable trusts are the simplest form of trusts used in estate planning. A trust is a legal arrangement whereby a grantor transfers certain assets to a trustee, who then holds those assets for the benefit of certain beneficiaries. In the typical revocable trust, these are all the same person. That is to say, if… Read More »
How Long Does The Probate Process Take In Florida?
Probate is known to be time-consuming, but how long does the process actually take? Is the length of the probate process measured in weeks, months, or years? It is advisable to consult with a St. Petersburg probate litigation lawyer to review your situation and determine how long the probate process will take in your… Read More »
What Are The Different Types Of Charitable Trusts In Florida?
An increasing number of Floridians opt for Charitable Trusts as part of their estate plans. A Charitable Trust can help you accomplish many goals. One of the benefits of creating a Charitable Trust is that it helps save on federal income taxes and reduces estate taxes. Many people choose to set up Charitable Trusts… Read More »
Who Can Witness A Last Will And Testament In Florida?
As you may know, a Last Will and Testament must be signed in front of two witnesses. If no one witnessed the Will or there was only one witness, the document is not valid. Our estate planning attorneys at Legacy Protection Lawyers, LLP, are often asked, “Who can witness the signing of the Will… Read More »
4 Steps To Take When Administering The Probate Estate In Florida
Probate estate administration is the process of distributing a decedent’s estate after their death. Administration of the probate estate is a complicated process, which is why Florida law usually requires the personal representative to hire a lawyer to help them follow all the rules and procedural requirements. There are a number of steps to… Read More »
What Is A Petition For Discharge In Probate?
Filing a Petition for Discharge is one of the last obligations of an estate’s personal representative in Florida probate. The petition is also one of the last documents beneficiaries of an estate will receive before the estate is closed. A Petition for Discharge informs the probate court and the beneficiaries of the assets subject… Read More »