Category Archives: Estate Planning
Tenancy in Common: What Is It and What Are the Benefits?
Tenancy in common is one of three types of concurrent ownership recognized by Florida courts. Joint tenancy is a term used for when two or more persons own the same asset or property. To begin, there are two other types of co-ownership: Tenants by the entirety. This type of concurrent ownership is available only… Read More »
6 Most Common Estate Planning Mistakes to Avoid in Florida
There are many quick and easy estate planning tools that you may know about. However, there are many estate planning misconceptions and working with an experienced St. Petersburg estate planning attorney can help you avoid common mistakes. Below, we provide a list of six estate planning mistakes that can – and should – be… Read More »
When Do You Need a Waiver of Spousal Rights in Florida Estate Planning?
In Florida, a surviving spouse is entitled to many rights in the property of their deceased spouse. The widow’s rights include, but are not limited to, the following: Homestead exempt property Elective share Intestate share Pretermitted share Family allowance Exempt Property allowance Primary preference to serve as personal representative in intestate estates Under Section… Read More »
What is the Preference of Appointment of the Personal Representative in Florida Probates?
One of the many benefits of creating a Will in Florida is the testator’s ability to appoint a personal representative. Selecting your personal representative is a fundamental part of estate planning. But who is to serve if there is no Will when someone dies? Who has the “preference of appointment” to serve as the… Read More »
Estate Planning for Single Parents: How to Protect Your Children?
Many families in America have single-parent households. While everyone should have an estate plan, the need for estate planning is greater for single parents with minor children. If the single parent dies or becomes incapacitated, does he or she know who will care for their child? By setting up a plan ahead of time,… Read More »
Estate Planning for Dementia and Alzheimer’s Disease in Florida
While all of us hope that we will be in good health and of a sound mind as we age, there is always a risk of developing some sort of condition that may impact our mental abilities. For many older people, being diagnosed with dementia or Alzheimer’s means that they are unable to make… Read More »
4 Reasons Why You Should Avoid the Probate Process in Florida
After your death, your surviving loved ones will determine if there are assets of yours that need to go through probate. Probate is a court-supervised process where a Personal Representative is appointed by the Court, and your assets are distributed to your creditors and surviving heirs. Probate is very easy to avoid if you… Read More »
Spendthrift Trust: What Is It and What Are the Benefits?
In Florida, anyone can create a revocable or irrevocable trust to maintain control over the distribution of assets, minimize estate taxes, avoid probate, and provide protection for beneficiaries. One of the many types of protections offered by trusts is the so-called “spendthrift trust.” What Is a Spendthrift Trust? A “spendthrift trust” prevents creditors of… Read More »
Intestate Succession in Florida: Everything You Need to Know
Many people do not have a will or other estate plans in place to control the disposition of their assets upon their death. If you are one of these people, there is a possibility that the state of Florida would decide how to distribute most of your assets upon your death. The process is… Read More »
Florida Law Allows Remote Notarization of Estate Planning from July 1, 2020
Florida’s remote signing law went into effect on July 1, 2020, allowing people to notarize their estate planning documents remotely without having to leave their home. The new law now allows remote notarization for all types of estate planning documents, including wills and trusts. Before, Florida law required the physical presence of the witnesses… Read More »