The rapid expansion of international public and private companies has brought about an exponential increase in the establishment of subsidiaries far from global headquarters. Such growth has meant that companies are often requiring employees across professional sectors to relocate to offices maintained in cities where significant operations are carried out.…
Florida Probate Litigation Lawyer Blog
2014 LEGISLATIVE SESSION: Alignment of the Antilapse Provisions of the Floirda Trust and Probate Codes
The 2014 State of Florida legislative session brought about several changes in the area of trusts and estates. Among those passing into law was the amendment to the antilapse provisions of the Florida Trust Code (Florida Statutes Chapter 736). As amended, the new provisions mirror the language and intent of…
LONG TERM CHARITABLE GIVING: The Charitable Lead Trust
Charitable donors are frequently in pursuit of a means for establishing a lifetime philanthropic legacy and effective estate planning. The utilization of a charitable trust provides a strategic option. The donor may choose to set up a trust during his or her lifetime (termed an “inter vivos” trust) or a…
The Reasons We Give
Estate planners often focus on the tax benefits of making a gift, as smart planning can help reduce or eliminate a wide array of taxes on the estate and individual. But if you thought the primary motivation for donor gift-giving was related to taxation, you are mistaken. The reason behind…
Do You Have a Claim for Tortious Interference With an Expected Inheritance?
Tortious interference with an expected inheritance occurs when someone intentionally prevents, through fraud, duress, or other tortious means, another person from receiving an inheritance or gift that other person otherwise would have received. Many states today, including Florida, recognize the tort of tortious interference with an expected inheritance. Even the…
Do Not Forget Your Digital Assets in the Cloud
When you think of your “assets,” what are the first things that come to mind? Likely, your tangible assets: your home, car, cash, furniture, documents, clothes, etc. Not surprisingly, people often forget or do not realize that pictures they uploaded onto websites and applications like Facebook and Instagram, information in…
Giving Art
Hippocrates wrote, “vita brevis, ars longa.” Translated, this means “life is short, art is long.” It is a common reference to how time limits life and how art may prolong those limits. In an article that explores what motivates people to make charitable gifts, one gift planner explained that “[s]ome…
CONTESTING A WILL
Often times, people are displeased by the terms of a family member’s will and would like to have a court set aside the will. This frequently occurs when relatives are left out of a will, and there is concern that the will does not reflect the actual wishes of the…
Insuring Your Final Wishes Through Proper Estate Planning
The consequences of will disputes range from the goals of the individual who created the will being greatly frustrated to failing completely, which is a shame because a will represents a person taking the time and energy to memorialize his or her last wishes in a testamentary instrument. However, poor…
Planning for Old Age
In a recent article titled, “Look Who’s Moving In With Your Aging Parent,” author and mediator Carolyn Rosenblatt addressed concerns relating to the care of aging parents’ finances. In the article, Rosenblatt told the story of a 78-year old man named Arthur who suffers from early stage dementia, a mental…