Category Archives: Estate Planning
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 »
Can I Challenge A Will Before The Testator Dies?
Beneficiaries and other interested persons can challenge a Will if they have valid grounds for a Will contest. In Florida, there are several legal grounds for challenging a Testator’s Will. But can you challenge a Will before the Testator’s death? Legal Standing to Challenge a Will Not all persons are permitted to challenge a… Read More »
What Is The Time Limit For Creditors To File A Claim Against A Deceased Person’s Estate?
When you open a formal probate administration in Florida, it is best practice to wait distributing the decedent’s assets until after all of the debts have been determined. For this reason, creditors have a specific time limit to file claims within a decedent’s estate. Failure to make a claim within the applicable time limit… Read More »
Can You Reopen An Estate If New Assets Are Discovered After It’s Closed?
It is not uncommon for additional assets to be discovered after an estate is closed. But can you reopen an estate that was closed if new assets are discovered after the closing? In Florida, courts may consider to re-open an asset for any assets that were hidden or not otherwise uncovered during the original… Read More »
Should You Transfer Your Homestead Into A Living Trust?
Many Floridians choose to set up a Living Trust as part of their estate plans. There are numerous benefits of having a Living Trust. One of the many benefits is that it helps avoid the lengthy and costly probate process. A Living Trust can be executed when the Grantor (the person who creates the… Read More »
What Is A Mutual Will Agreement In Florida?
As estate planning lawyers, we often get asked about Joint Wills and Mutual Will Agreements. If you are a married person who wants to set up an estate plan, you may have thought about creating a Mutual Will. It is not uncommon for spouses to want to combine their Wills by using a Joint… Read More »