Recent Blog Posts
How Federal And State Courts Can Get Intertwined In Probate Disputes
Probate is traditionally a function of state law in the United States. This means that as a general rule, a federal court will not exercise jurisdiction over probate litigation. This principle is known as the “probate exception.” This exception is limited, however, and does not prevent federal courts from hearing cases that may indirectly… Read More »
What Happens To A Florida General Partnership Upon A Partner’s Death?
There are a number of ways that two or more people can go into business together. The simplest method is to form a general partnership. Indeed, in the absence of any legal agreement or forming another specific type entity, such as a corporation, any association of two or more people for the purposes of… Read More »
What Tax Returns Must Be Filed By A Florida Probate Estate?
In 1789, Benjamin Franklin told a colleague that the newly adopted United States Constitution “has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.” Indeed, death and taxes are inextricably linked together in our legal system, so much so that even after a… Read More »
How Differences In State Law Can Affect A “No Contest” Clause In A Will Or Trust
In an effort to minimize any potential litigation after they die, many people place what is known as an in terrorem or “no contest” clause in their will or trust. A no-contest clause typically disinherits a beneficiary if they take any legal action to dispute the validity of the underlying will or trust. In… Read More »
Third Party Vs. Self-Settled Special Needs Trusts
Special Needs Trusts (SNTs) are a special type of trust used to protect a person’s ability to continue receiving needs-based government benefits, primarily Medicaid and Supplemental Security Income (SSI). Because a beneficiary of such programs cannot legally more than a specified amount of assets, it is often necessary to create a SNT to ensure… Read More »
How Can Someone “Disclaim” Their Inheritance From An Estate?
Although you typically hear stories in the news about people fighting over an inheritance from a deceased relative, what about the reverse? That is, what if someone is entitled to an inheritance but does not want it? Can they legally refuse? The simple answer is “yes.” Nobody can be forced to accept a bequest… Read More »
Does A Buy-Sell Agreement Trump A Will?
A common legal technique used in business succession planning is the buy-sell agreement (BSA). This term essentially describes any contractual agreement providing for the sale of a person’s interest in a business entity upon their death. For example, if you have a multi-member limited liability company (LLC), the operating agreement may contain BSA language… Read More »
Common Questions About Florida’s Elective Share Rule
An often misunderstood aspect of Florida probate administration is the “elective share” rule. The elective share is essentially a legal protection against one person completely disinheriting their spouse. The elective share basically represents the share that the surviving spouse may legally claim in the deceased spouse’s property, notwithstanding any will or revocable trust to… Read More »
What Are The Different Types Of Beneficiaries Under A Florida Will?
One of the main purposes in making a will is to name one or more beneficiaries who will receive your property after your death. Broadly speaking, there are three types of beneficiaries under a will: primary, alternate, and residuary. Here is a brief explanation of each category. Primary Beneficiaries A primary beneficiary is basically… Read More »
Should I Keep My Original Will In A Safe Deposit Box?
When it comes to probate, original is always best. That is to say, in order to open a probate estate when the decedent left a last will a testament, it is usually necessary to file the signed original document with the court. In most cases, the executor or personal representative named in the will… Read More »