Criminalizing Exploitation of the Elderly and Its Effects on Estate Planning For estate planning attorneys, the concept of criminal punishment is not the first thought when asked: “What could be the outcome?” In a typical case, the worst that happens is the client losses their share of an inheritance or…
Time Limitations for Proceedings Against Trustees: Discussing Failure to Account An individual serving as a trustee owes certain duties to the beneficiaries of that trust. One such duty is the duty to account to the beneficiaries. Failure to provide an accounting as required in § 736.0813, Fla. Stat. is a…
Gun Trusts: Background Check Loophole Eliminated A gun trust is a legal device that makes it easier to handle firearms after the gun owner’s death. These trusts are used for guns that are regulated by federal laws: the National Firearms Act of 1934 (NFA) and a revision of the NFA,…
Florida Appeals Court Comes Down Against Probate Creditor Claims From Child For Child Support Arrearages On May 11, 2016, the Fourth District Court of Appeal issued its decision in Davis v. Hengen regarding creditor claims for child support arrearages against a decedent’s estate, when the decedent dies with unpaid child…
What Effect Does Divorce or Remarriage Have On Your Estate Plan Anytime there is a major life change, whether it is the birth of a child, marriage, or divorce, your estate plan should evolve as your life evolves. But do any of these events result in automatic changes to your…
Florida Honors Foreign Wills Florida is a prominent destination for immigrants. Immigrants come from all over the world to live in Florida and hopefully become U.S. citizens. Sunshine and beaches are not the only things that attract them to Florida, but also the hopes of providing a better life for…
The Hunt for Tom Clancy’s Estate Comes to an End Popular author Tom Clancy wrote many iconic novels, and the story of his estate battle sounds like it comes straight out of a book. The author, who died at the age of 66 of heart failure, left an estate valued…
E-Filing in Probate Court – It’s Mandatory! As a Creditor to an estate, you must be wary of your time limits to file a statement of claim against an estate. Section 733.702(1), Florida Statutes (2012) states that creditors must file any statements of claim against a decedent’s estate within three…
The Shifting Landscape of Guardianship Law: Three Consecutive Years of Changes (Published in The Florida Bar Journal, September 2016) Members of The Florida Bar Real Property, Probate and Trust Law Section’s (RPPTL) Guardianship, Power of Attorney and Advance Directives Committee are keenly aware that there have been major changes to…
Estate Planning for Young Professionals: Don’t Wait to Start Planning Discussing one’s death can be an awkward and uncomfortable experience at any age. It is a topic that most individuals avoid at all costs, especially young adults, as if the mere discussion of one’s future demise will somehow bring it…