Author Archives: Jay Butchko
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 »
What Are the Pros and Cons of Holding Property in a Trust for Children?
Upon your death, you have many options on how to leave assets to your loved ones. Most people understand that you can leave your assets “outright” to your children (or other loved ones), or you can leave them “in trust.” Leaving assets “in trust” can be complicated so it is important to understand the… Read More »
Estate Planning for Business Owners: What Happens if You Don’t Have a Succession Plan in Florida?
The mere thought of death can be overwhelming, which is not surprising why many people are reluctant to think about their own death, let alone plan for it. But if you own a business, you need to understand that without a succession plan, your business may die with you. If you own a business,… Read More »
How Can a Spouse Be Disinherited in Florida?
In Florida, you may attempt to disinherit your spouse through a Will or other estate planning vehicles. If parties are separated but choose to remain legally married for some reason or are in divorce proceedings, one spouse may try to disinherit their partner. However, the law provides great protection for spouses so it may… Read More »
Legacy Protection Lawyers, LLP named as a top Florida firm by U.S. News and World Report and Best Lawyers®
Legacy Protection Lawyers, LLP, is pleased to announce that the firm has been recognized as a top Florida firm by U.S. News & World Report and Best Lawyers®. The regional recognition as a firm is a Tier 2 in Litigation – Trusts & Estates, and a Tier 3 in Trusts & Estates Law. Only… Read More »
What Are the Duties and Responsibilities of a Personal Representative in Florida?
When creating a Will, many testators name their spouse or child to serve as the Personal Representative (called an “Executor” in many other states) of their estate. However, choosing someone to be the Personal Representative of your estate is not necessarily an “honor”; it is a job! You must ensure that the selected person… Read More »
Special Needs Trust: What Is It and What Are the Benefits?
If you have a child or another family member with special needs, it is vital to have an estate plan to address your specific circumstances. An individual with special needs may require lifelong care and financial support, which is why you should consider drafting a special needs trust to protect your child’s financial well-being… Read More »
We are so honored to be recognized by Best Lawyers® on the 2021 list of Best Lawyers in America.
It is with great pride that Legacy Protection Lawyers, LLP announces that the firm’s founding partners, William “Bill” Battle McQueen and Joseph “Jay” Fleece, III, have once again been recognized by Best Lawyers® on the 2021 list of Best Lawyers in America. This is a highly respected, peer-reviewed list with more than 9 million… Read More »
4 Types of Wills for Estate Planning in Florida: Which One Do You Need?
A Will – or formally called a Last Will and Testament – is considered the most important estate planning document that most people can have. After creating a Will, you can have complete control over how your assets are distributed after your death. A well-drafted and executed Will can give you peace of mind… Read More »