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Florida Probate Litigation Lawyer Blog

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When Wills mean Business

When Wills Mean Business: Planning for Your Business’s Future Planning for the future is not only necessary in your personal life, but also in your professional life, especially if you either own a business or invest in a business.  Putting an estate plan in place early on, and keeping it…

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What Happens when one Executes a Will in Two Different Countries, with Different Beneficiaries?

The United States is famously known for its influx of immigrants moving here to build their lives, to retire, and for various other reasons. But specifically, tropical and sunny Florida is a very popular place for those coming from other countries. A booming 129,525 people moved to Florida from other…

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Qualifying as a Personal Representative in Florida

When thinking about creating a will, there are many considerations that have to be factored in before putting anything in writing.  An important consideration is deciding who to appoint as the personal representative for the estate. A personal representative is an individual who is appointed to administer the decedent’s estate…

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Adult Adoptions as an Estate Planning Tool

Many people utilize a will, a trust, or some other standard form of estate planning to ensure that their loved ones are provided for upon their death.  However, in Florida, individuals have an additional estate planning tool: adult adoptions.  Under Florida Statute § 63.042, a husband and wife, an unmarried…

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The Truth about Living Trusts

Many people, especially the large elderly population in South Florida, are targeted by various entities offering assistance and guidance in estate and financial planning.   The sale of living trusts is a profitable business, and salespeople will target elderly individuals in need of financial planning.  These salespeople will hold seminars, provide…

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Supplemental Needs Trusts: Providing for Your Special Needs Beneficiary While Preserving His or Her Public Benefits

Planning for the future care of a special needs beneficiary, especially if that beneficiary is your child, can be difficult and overwhelming.  There are many facets to consider, chief among them: upon what assets will the special needs individual rely after you have passed if you have been his or…

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Unintended Consequences: How Not Having an Estate Plan Will Affect Prince’s Legacy

Music legend Prince’s mysterious death continues to cause speculation as all of the details regarding his estate plan, or lack thereof, have yet to emerge.  Prince reportedly amassed a fortune worth at least $300 million and his estate is expected to have an equally impressive future income stream.  The estate…

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Florida Passes the “Florida Fiduciary Access to Digital Assets Act”

For hundreds of years, most information existed in tangible form, usually in paper documents.  However the advent of digital technology, has transformed the way people acquire and store information and transact business.  As people continue to embrace digital technology, many tangible documents have been replaced by digital files.  This shift…

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Challenging Estate Plans: Modification of Sumner Redstone’s Estate Plan Prompts Allegation of Mental Incapacity

Sumner Redstone, the controlling shareholder of Viacom Inc. and CBS Corp., is going to trial over claims that he is mentally incompetent.  Redstone stepped down as executive chairman of both companies in early February. The claims of incompetency come from Manuela Herzer, Redstone’s alleged ex-girlfriend, who was recently removed as…

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Florida Looks to Become the Preferred Destination for Family Trust Companies

In 2014, the Florida Legislature passed the Florida Family Trust Company Act, which established a structure for the formation, operation, and regulation of Family Trust Companies (“FTCs”). An FTC is a corporation or limited liability company, exclusively owned by one or more family members, that provides trust services to a…

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