Category Archives: Estate Planning
What Exactly Is “Undue Influence,” And How Can I Avoid It When Making My Will?
The phrase “undue influence” is often used when discussing contested probate estates. The basic idea is that a will (or trust) should be considered invalid because some person engaged in improper action to procure the document in question. For example, let’s say Emily has three adult children. One of these children, Scott, cares for… Read More »
What Is An Insolvent Estate?
The normal process for administering a Florida probate estate involves gathering the assets owned by the deceased, paying any outstanding debts and expenses, and then distributing whatever is leftover to the beneficiaries of the estate. But what happens when the estate’s debts and expenses exceed its assets? In legal terms, this is known as… Read More »
What Are The Different Types Of Charitable Trusts In Florida?
An increasing number of Floridians opt for Charitable Trusts as part of their estate plans. A Charitable Trust can help you accomplish many goals. One of the benefits of creating a Charitable Trust is that it helps save on federal income taxes and reduces estate taxes. Many people choose to set up Charitable Trusts… Read More »
Who Can Witness A Last Will And Testament In Florida?
As you may know, a Last Will and Testament must be signed in front of two witnesses. If no one witnessed the Will or there was only one witness, the document is not valid. Our estate planning attorneys at Legacy Protection Lawyers, LLP, are often asked, “Who can witness the signing of the Will… Read More »
What Is A Separate Writing When Creating A Will In Florida?
Often, estate planning lawyers tell clients to use a separate writing when creating a Last Will and Testament. The separate writing is used to list the Testator’s tangible personal property and identify the beneficiaries who will receive the items after the Testator’s passing. Speak with our St. Petersburg estate planning lawyers at Legacy Protection… Read More »
Dynasty Trust: What Is It And What Are The Benefits?
A Dynasty Trust is a way to pass your wealth from generation to generation while protecting your hard-earned assets from creditors and other parties. People who set up a Dynasty Trust can pass assets hundreds of years into the future to ensure that their grandchildren and great-grandchildren become the beneficiaries long after the Trustor… Read More »
Estate Planning For LGBTQ Couples In Florida
Everyone can benefit from developing an estate plan, including LGBTQ couples. As a rule of thumb, people in the LGBTQ community are less likely to get married, not to mention that they may have children where only one or none of the partners is the child’s biological parent. That is why estate planning is… Read More »
What Does ‘Per Stirpes’ Mean In Florida Last Will And Testaments?
If you have seen someone use the term “per stirpes” in a Last Will and Testament, you might wonder, “What does it mean?” Many Wills contain the words “per stirpes,” which is Latin for “by branch.” The legal term “per stirpes” in a Will refers to how the Testator’s assets will be distributed to… Read More »
Do Prenuptial Agreements Override A Last Will And Testament In Florida?
An increasing number of Floridians understand the importance of having a comprehensive estate plan that includes a Last Will and Testament. Many people who write a Will also have a prenuptial agreement stemming from their marriage. But do prenups override Wills in Florida? What happens if a prenuptial agreement and a Will are in… Read More »
How To Name A Guardian For My Minor Children In Florida
Children are our most precious and valuable “asset.” No parent wants to think about dying prematurely and having no one to take care of their minor children. While merely thinking about leaving your children behind can be frustrating and painful, it is vital to consider naming a guardian for your minor children if you… Read More »