Author Archives: Jay Butchko
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 »

What Is A Codicil To A Last Will And Testament?
The term “codicil” may be heard when discussing updates to estate planning documents, particularly the Last Will and Testament. However, not everyone understands what a “codicil” is and what it means. Most Wills in the state of Florida can be revoked or amended at any time before the testator’s death or incapacity. If a… Read More »

How Often Do I Need to Update My Estate Plan?
Many people believe that once they create an estate plan, they place their plan in their safe deposit box or in their office and they do not look at it for decades. In reality, you should regularly review and update your estate plan to ensure that it still reflects your intentions. So how often… Read More »

How Premarital & Postmarital Agreements Affect Estate Planning in Florida
Many couples use marital agreements to protect their assets in the event of a divorce or death. However, while premarital or postmarital agreements offer a number of benefits during divorce, marital agreements can greatly affect your estate planning. If you have a premarital or postmarital agreement and are looking to create an estate plan,… Read More »

What is the Difference Between Conservatorship and Guardianship in Florida?
Many people mistakenly believe that conservatorship and guardianship are synonyms or the same legal proceeding. However, these two terms describe two different legal processes under Florida law. In Florida, you can file a petition for guardianship when your family member has become incapacitated due to a bodily injury or illness that has affected his… Read More »

Living Will: What is It and What Are the Benefits?
A Living Will is a legal document that allows you to describe your wishes regarding medical treatment and procedures when you are no longer able to provide informed consent. The person creating the Living Will (“the principal”) can describe his or her preferences for medical treatment for his or her end of life care…. Read More »

What Happens to a Home with a Mortgage Upon the Borrower’s Death?
A common issue when a homeowner dies is the outstanding balance on a mortgage loan on the decedent’s homestead property. In this case, the beneficiary or next of kin who inherits the home will have to decide what to do with the property. Many inheritors of the homestead property struggle to keep-up with the… Read More »