Author Archives: Jay Butchko
Common Misconceptions About Probate In Florida
It is a sad but true fact that most people have experienced the death of someone they care about or they know somebody who has been through the process of grieving a loved one and managing the deceased loved one’s legal affairs. Due to this, there are many misconceptions about the probate in Florida… Read More »
What Happens If You Do Not Have A Power Of Attorney?
Your Last Will and Testament is the foundation of any estate plan, but there are many other documents you should consider drafting so your best interests are protected. While some of these are not effective until you pass away, others come into effect during your lifetime. In Florida, a durable power of attorney will… Read More »
What Happens If My Spouse Passes Away Before Updating Their Will?
Losing the person you loved the most in the world, and that you shared a life and home with, may be the hardest thing you will ever have to experience. During the time that you are grieving the loss, you may feel additional stress if you learn that your spouse did not update their… Read More »
Your Options After Inheriting A Home With A Lien On It
It can be a mixed blessing to inherit a home from a loved one. You may choose to sell it immediately, or at some point in the future, and that could leave you with a tidy sum of money. Before selling the property, there may be many issues you have to address. If there… Read More »
Things To Know About Contesting A Trust In Florida
For many people, trusts make up an important part of estate plans. Trusts have many benefits, including helping your beneficiaries avoid probate court, while also protecting assets for your heirs. Unfortunately, creating a trust does not guarantee that they will work in the way they were intended. Issues can arise and they typically require… Read More »
Frequently Asked Questions About Last Will And Testaments
A last will and testament, more commonly simply referred to as a will, is a legal document that expresses your wishes after you pass away. It tells the court and your loved ones what your final wishes are for your assets and other property. The directions within your will only become effective once you… Read More »
How To Prove A Lack Of Mental Capacity
There are many reasons to contest a will, trust, or other aspects of a person’s estate plan. Of them all, a lack of mental capacity is one of the most common. Proving mental incapacity requires carefully evaluating one’s ability to understand, process, retain, and communicate certain information that is necessary to make important decisions…. Read More »
What Does A Personal Representative Of An Estate Do?
The personal representative of any estate has a very important role that requires a great deal of time and attention. As part of the probate and estate administration process, personal representatives handle the estate of a person who has passed away. Personal representatives, also called executors, are sometimes outlined in a person’s will or… Read More »
The Pros And Cons Of Probate
Some people think that the probate process has inherently negative connotations. While the probate process does have some drawbacks, it is not all bad. The probate process is, after all, there for a reason and in some cases, it can be very beneficial. Below, our St. Petersburg probate and trust administration lawyer explains further…. Read More »
FAQs About Living Trusts In Florida
Living trusts are an important part of many estate plans in Florida. A living trust essentially acts as an intermediary between you and those you have named as beneficiaries. They are a conduit used during your lifetime and after you pass away. When considering making a trust part of your estate plan, you will… Read More »