Author Archives: Jay Butchko
How to Get a Power of Attorney for My Elderly Parents in Florida?
If you have noticed that your aging parents are losing their ability to make decisions regarding their healthcare or finances on their own, you may want to consider getting a power of attorney. A power of attorney allows the principal (an elderly parent) to empower someone they trust (their child) to make decisions concerning… Read More »
4 Mistakes Personal Representatives Should Avoid When Probating an Estate in Florida
Being a personal representative, also known as the executor of an estate, is a major undertaking. If you were appointed as a personal representative (also called an Executor) of someone’s estate, you must clearly understand your rights, duties, and responsibilities to perform this job properly. Although serving as someone’s Personal Representative can be a… Read More »
What Happens if the Will Cannot Be Found After the Testator’s Death?
If a Last Will and Testament cannot be found after the testator’s death, things can get complicated quickly. In some cases, people who write a will share their plans and final wishes with their loved ones. For this reason, beneficiaries named in the will know that the document exists and may even know the… Read More »
What’s the Difference Between a Will and Trust?
Many people use the terms “will” and “trust” interchangeably when talking about estate plans. However, these two terms are very different. It is important to understand the difference between a trust and a last will and testament when creating an estate plan. What is a Last Will and Testament? A will – or more… Read More »
Lady Bird Deed: What is It and What Are the Benefits?
If you are exploring your options for estate planning, you may have come across the term “lady bird deed.” A lady bird deed, which is also referred to as an “enhanced life estate deed,” is a crucial tool for estate planning that offers several benefits. Below, you will find a list of benefits of… Read More »
What Do You Need to Bring to Your First Meeting with a Florida Probate Attorney?
When you have a scheduled consultation with a probate attorney, it is important to prepare for your first meeting. Depending on your relationship with the decedent, this may be an emotional experience and can sometimes be overwhelming, especially while coping with the pain of loss. Retaining a probate lawyer is an important step after… Read More »
Taxes in Florida: Does the State Impose an Inheritance Tax?
As of 2020, only six states impose an inheritance tax on its residents, but Florida is not one of them. An inheritance tax is a tax on assets that an individual has inherited from someone who has died. An inheritance is not necessarily considered “income” to the recipient. Moreover, Florida does not have a… Read More »
Estate Planning Considerations for Your Primary Residence vs. Rental Property in Florida
There are many assets that must be taken into account when planning your estate. These assets include bank accounts, investments, life insurance, jewelry, collectibles, and many others. No matter how many assets you have, real estate is likely one of the more valuable assets in your estate. That’s why there are many things to… Read More »
What is Medical Power of Attorney and How Does it Work?
A medical power of attorney is a type of advance directive that allows a person to name someone they trust to make healthcare-related decisions on their behalf in the event they become incapacitated or are otherwise unable to make decisions on their own. Chapter 765 of the Florida Statutes governs the legal rules regarding… Read More »
What is ‘Dead Hand Control’ in Florida Estate Planning?
The term “dead hand control” is a term describing where a testator controls their assets “beyond the grave.” Essentially, you can have “dead hand control” in a Will or other estate planning documents in order to require a beneficiary to meet certain conditions before they are allowed to inherit assets from your estate. For… Read More »