Legal Capacity and Estate Planning – How to Safeguard a Will from Future Litigation or Contests When a loved one grows older, ages and declines, their caretakers’ ever growing to-do list can become overwhelming. After dealing with the basic, everyday needs of an aging family member, it may sometimes be…
Elder abuse: the farmer population as the next potential target Florida is a state well-known for its agriculture. In fact, within the United States, it is safe to presume that most people think that the best oranges come from Florida (we certainly think they do). Agriculture is the second most…
FLORIDA CHARITABLE TRUSTS: ALTERNATIVE BENEFICIARIES AND CY PRES DOCTRINE Due to applicable tax exemptions and tax deductions, Charitable trusts are a great tool for preserving the value of your property intended for charitable purposes and for reducing taxes payable by your remaining estate (intended for purposes other than charitable ones).…
WILLS, TRUSTS, and ARBITRATION AGREEMENTS In previous blog posts, we have shown how wills and trusts are favored vehicles when protecting someone’s assets. Perhaps one of the purposes of a well-drafted will or trust is to avoid hearing the judge’s gavel when knowing who gets what part of the inheritance.…
A Will can be challenged by Caveat or Functional equivalent On March 9, 2018, Florida’s Second District Court of Appeal held that the functional equivalent of a caveat may serve to properly contest a will.[1] The court observed that the Appellant in the case at issue “filed a pleading styled…
What is elder financial exploitation? The Florida Department of Elder Affairs defines elder financial exploitation as “the illegal or improper use of another individual’s resources for personal profit or gain.” This exploitation takes on many forms involving deception and/or coercion, including the improper use of a power of attorney. What…
IRREVOCABLE SPENDTHRIFT TRUSTS Trusts are popular estate planning instruments that may bring many benefits both during lifetime and in the case of death. Some common reasons for setting up a trust include the avoidance of costs and time consumption of probate proceedings, property management for those who cannot or…
HOW THE NEW TAX BILL MAY AFFECT DIVORCES In one of our previous posts we informed about the new Tax Cuts and Jobs Act (“TCJA”) and the major changes it brings, including the various adjustments in tax deductions. This article focuses on deductions applicable to alimony, as the new system…
Guardianship: When No Less Restrictive Alternative is Available What is guardianship? The simple answer: court intervention to safeguard the property and care of an individual unable to make such decisions themselves. A person under guardianship becomes a ward of the court. State law establishes the process for determining an adult’s…
IRREVOCABLE SPENDTHRIFT TRUSTS Trusts are popular estate planning instruments that may bring many benefits both during lifetime and in the case of death. Some common reasons for setting up a trust include the avoidance of costs and time consumption of probate proceedings, property management for those who cannot or…