Author Archives: Jay Butchko
Should You Sign A Waiver Of Accounting In A Florida Probate?
After the personal representative of an estate has fully administered the estate, they will file a petition for discharge, which ends the probate administration process. However, prior to the end of the administration process, the beneficiaries of the estate may be asked to sign a Waiver of Accounting. If you have been asked to… Read More »
What Is A Separate Writing When Creating A Will In Florida?
Often, estate planning lawyers tell clients to use a separate writing when creating a Last Will and Testament. The separate writing is used to list the Testator’s tangible personal property and identify the beneficiaries who will receive the items after the Testator’s passing. Speak with our St. Petersburg estate planning lawyers at Legacy Protection… Read More »
What Is A Notice Of Trust In Florida Probate?
If you are a Trustee dealing with the probate process after the Trustor’s death, you have probably heard the term “a notice of Trust.” You need to understand what a notice of Trust is and how to file the notice properly during the probate process in Florida. A notice of Trust is a critical… Read More »
Dynasty Trust: What Is It And What Are The Benefits?
A Dynasty Trust is a way to pass your wealth from generation to generation while protecting your hard-earned assets from creditors and other parties. People who set up a Dynasty Trust can pass assets hundreds of years into the future to ensure that their grandchildren and great-grandchildren become the beneficiaries long after the Trustor… Read More »
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 »